DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND AGREE THAT THE SERVICE IS AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SERVICE PROVIDER SECURED2 AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NON-INFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. FURTHER, SERVICE PROVIDER SECURED2 AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SECURED2, ITS LICENSORS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ITS AGENTS, PARTNERS OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SECURED2 IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS SUCH AS IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE XXXXXXXX.XX THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SECURED2 TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SECURED2 AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT (a) THE SERVICE ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED NOT APPLY TO YOU AS PART OF TO THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE EXTENT IT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BARRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAPPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Service Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE SDK IS PROVIDED ON AN "TO YOU “AS IS" ” AND "AS AVAILABLE" BASIS. SERVICE PROVIDER WITH ALL FAULTS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VECTORWORKS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SDK, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. FURTHERWITHOUT LIMITATION TO THE FOREGOING, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE VECTORWORKS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (a) THE SERVICE SDK WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL , ACHIEVE ANY INTENDED RESULTS, BE TIMELYCOMPATIBLE, UNINTERRUPTEDOR WORK WITH ANY OTHER SOFTWARE, SECURE APPLICATIONS, SYSTEMS, OR ERROR-SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE; (c) , OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE ERRORS OR RELIABLE; DEFECTS CAN OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETOSome jurisdictions do not allow the exclusion of certain warranties so some or all of the above limitations may not apply to You. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYou may have rights that vary from jurisdiction to jurisdiction.
Appears in 1 contract
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT TO THE SERVICE IS EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE SERVICES ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. SERVICE PROVIDER WITHOUT WARRANTY OF ANY KIND, AND ITS AFFILIATES(2) SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS CONDITIONS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE SYMANTEC ADDITIONALLY MAKES NO WARRANTY THAT WARRANTIES THAT: (aI) THE SERVICE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS; (bII) YOUR USE OF THE SERVICE SOFTWARE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTEDSECURE, SECURE OR ERROR-FREE; (cIII) ANY INFORMATION THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT FROM THE USE OF THE SERVICE SOFTWARE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR EXPECTATIONS; (dV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SOFTWARE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. SERVICE PROVIDER IN ADDITION, SYMANTEC DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS WARRANT ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD-PARTY PRODUCTS.
Appears in 1 contract
Samples: Symantec Customer Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED "AS IS, WHERE IS" WITH ALL FAULTS AND "AS AVAILABLE" BASISDEFECTS. SERVICE PROVIDER NW HEREBY DISCLAIMS, AND ITS AFFILIATESPINNACLE HEREBY WAIVES, SUBSIDIARIESRELEASES AND RENOUNCES, OFFICERSANY AND ALL OBLIGATIONS AND LIABILITIES OF NW AND RIGHTS, DIRECTORSCLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY FAULT OR DEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (cB) ANY INFORMATION OBTAINED BY YOU AS A RESULT IMPLIED WARRANTY ARISING FROM COURSE OF THE SERVICE WILL BE ACCURATE PERFORMANCE COURSE OF DEALING OR RELIABLE; OR USAGE OF TRADE, (dC) ANY DEFECTS OBLIGATION, LIABILITY, RIGHT, CLAIM OR ERRORS REMEDY IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER TORT WHETHER OR NOT ARISING FROM NW'S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT REPRESENT APPLY TO A TORT CLAIM ARISING FROM NW'S GROSS NEGLIGENCE OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONINTENTIONAL MISCONDUCT, AND SERVICE PROVIDER DISCLAIMS (D) ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OBLIGATION, LIABILITY, RIGHT, CLAIM OR OTHERWISE OBTAINED THROUGH THE USE REMEDY FOR LOSS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKUSE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE REVENUE OR COMPUTERPROFIT, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OTHER DIRECT, INCIDENTAL OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGECONSEQUENTIAL DAMAGES.
Appears in 1 contract
Samples: Family Assistance Services Agreement (Pinnacle Airlines Corp)
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "You expressly acknowledge and agree that the use of the Product Software, sensors and/or applications are at your sole risk. The Product Software, sensors and/ or applications are provided “AS IS" AND "AS AVAILABLE" BASIS” and without warranty of any kind. SERVICE PROVIDER XXXXX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDAND MAKE NO WARRANTIES, WHETHER CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE PRODUCT SOFTWARE, SENSORS, APPLICATIONS OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER XXXXX AND ITS AFFILIATESLICENSORS DO NOT WARRANT THAT THE FUNCTION CONTAINED IN THE PRODUCT SOFTWARE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE SENSORS AND/OR APPLICATIONS WILL MEET YOUR REQUIREMENTS; (b) YOUR USE REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS WILL BE TIMELYCORRECT OR COMPLETE. FURTHERMORE, UNINTERRUPTED, SECURE XXXXX AND ITS LICENSORS DO NOT WARRANT OR ERROR-FREE; (c) MAKE ANY INFORMATION OBTAINED BY YOU AS A RESULT REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. XXXXX AND RISKITS LICENSORS PROVIDE NO WARRANTY THAT ANY INFRASTRUCTURE, AND YOU PROPERTY, COMMERCIAL RESTROOM FACILITY, DEVICE, OTHER PRODUCT SOFTWARE OR DATA WILL NOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED DAMAGED BY THE SERVICE COULD LEAD TO DEATHPRODUCT SOFTWARE, PERSONAL INJURY, SENSORS AND/OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAPPLICATIONS.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU UNDERSTAND IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS XXXX. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND AGREE THAT WARRANTIES WITH RESPECT TO THE SERVICE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS PROVIDED MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER BASIS AND ITS AFFILIATESTANGENT DOES NOT GUARANTEE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS WARRANT OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENT THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL SOFTWARE SHALL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SERVICE WILL SOFTWARE SHALL BE TIMELY, UNINTERRUPTED, SECURE OR COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED COMPUTER VIRUSES OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSECURE. YOU FURTHER ACKNOWLEDGE THAT ASSUME THE SERVICE IS NOT INTENDED ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE DISTRIBUTING THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESOFTWARE.
Appears in 1 contract
Samples: End User License Agreement (Eula)
DISCLAIMER OF WARRANTY. YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE THIS SERVICE IS PROVIDED ON AN SOLELY AS A CONVENIENCE TO DC ACCESS CUSTOMERS, "AS IS" ", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS". SERVICE PROVIDER YOU FURTHER ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM AGREE THAT DC ACCESS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTIES:
(1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-NON- INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATESWORKMANLIKE EFFORT, SUBSIDIARIESQUALITY, OFFICERSACCURACY, DIRECTORSTIMELINESS, EMPLOYEESCOMPLETENESS, AGENTSTITLE, PARTNERS AND LICENSORS MAKE QUIET ENJOYMENT, NO WARRANTY ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR
(2) THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR ACCESS TO OR USE OF THE THIS SERVICE OR ANY PART THEREOF WILL BE TIMELY, UNINTERRUPTED, SECURE ERROR OR ERROR-DEFECT FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE VIRUSES OR RELIABLE; OTHER HARMFUL CODE, OR (d) ANY DEFECTS SECURE, OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE THAT PROBLEMS WILL BE CORRECTED, EVEN IF DC ACCESS IS ON NOTICE OF SUCH PROBLEMS. SERVICE PROVIDER YOU AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY DC ACCESS OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT REPRESENT ALLOW THE EXCLUSION OF SOME OR GUARANTEE ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE SERVICE ABOVE EXCLUSIONS WILL BE FREE FROM LOSSAPPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW. The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of this Service and the Internet, CORRUPTIONand that you are solely responsible for evaluating the suitability, ATTACKappropriateness or legality of any informational content or other materials you may encounter online. DC Access may, VIRUSESbut need not, INTERFERENCEprovide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEincluding on the Internet.
Appears in 1 contract
Samples: Terms of Use
DISCLAIMER OF WARRANTY. THE XXX.XX-XXXX.XXX WEBSITES AND SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "“AS IS" AND ", AS AVAILABLE" ” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. SERVICE PROVIDER AND ITS AFFILIATESEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND REGARDING THE WWW.DR- XXXX.XXX WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO REPRESENTATION OR WARRANTY THAT (a) ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE XXX.XX-XXXX.XXX WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE XXX.XX-XXXX.XXX WEBSITES AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGMALICIOUS CODE, OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SECURE. SOME JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT User agrees to use all Services and any information obtained through or from IndiaMarketHub, at User's own risk. User acknowledges and agrees that India Market Softech (P) Ltd. (xxxxxxxxxxxxxx.xxx) exercises no control over, and accepts no responsibility for, the content of the information passing through India Market Softech (P) Ltd. (xxxxxxxxxxxxxx.xxx) host computers, network hubs and points of presence or the Internet. THE SERVICE IS SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND ", AS AVAILABLE" AVAILABLE BASIS. SERVICE PROVIDER AND ITS AFFILIATESNEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARIESSUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, EMPLOYEESSHAREHOLDERS, AFFILIATES, AGENTS, PARTNERS AND ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS EXPRESSLY DISCLAIM ALL OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY RELATED PERSON MAKES ANY WARRANTIES THAT (a) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL NOT BE TIMELY, UNINTERRUPTED, SECURE INTERRUPTED OR ERROR-ERROR FREE; (c) NOR DO ANY INFORMATION OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKSERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE EXPRESSLY DISCLAIMS ANY LIABILITY, FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD CONTENT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION SERVICES PROVIDED BY THE SERVICE COULD LEAD TO DEATHUS NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, PERSONAL INJURY, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEADVICE. The terms of this section shall survive any termination of this Agreement. Limited Warranty.
Appears in 1 contract
Samples: User Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You expressly agree that use of this Web site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. THIS SITE AND AGREE THAT THE SERVICE IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS WHERE AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANYEXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERSOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. Without limiting the scope of the foregoing, SERVICE PROVIDER AND every effort is made by the Company to make certain that the Web site and the software and processes within it reflect the most current policies and procedures published by the Federal Housing Administration and information made widely available by the FHA, such as within their guides, mortgagee letters, and Department of Housing and Urban Development Web sites. Directed interpretations and information obtained by specific persons from employees or agents of the FHA or HUD are not considered information that is widely available and the Company has no liability for not having reflected such interpretations and information in the Web site. YOU AGREE THAT THE COMPANYAND ITS AFFILIATESPROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, SUBSIDIARIESLOSS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR REQUIREMENTS; (b) YOUR POSSESSION OR USE OF THE SERVICE WILL MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANYOR ANY OF ITS PROVIDERS BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED LIABLE TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSSFOR ANY DIRECT, CORRUPTIONINDIRECT, ATTACKSPECIAL, VIRUSESINCIDENTAL, INTERFERENCE, HACKINGCONSEQUENTIAL, OR OTHER SECURITY INTRUSIONPUNITIVE DAMAGES (INCLUDING, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR OTHERWISE OBTAINED THROUGH THE USE CORRUPTION OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKDATA, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR COMPUTERMALFUNCTION, OR FOR LOSS INTERRUPTION OF DATA THAT RESULTS FROM BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE DOWNLOAD OF MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OTHER PRODUCTS, SERVICES, OR SUITABLE FOR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS INABILITY TO USE, THIS SITE GENERALLY, OR INACCURACIES INOTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANYOR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD ABOVE LIMITATION MAY NOT APPLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ", AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. SERVICE PROVIDER AND ITS AFFILIATESEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND REGARDING THE SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO REPRESENTATION OR WARRANTY THAT (a) ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGMALICIOUS CODE, OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SECURE. SOME JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT TO THE SERVICE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. SERVICE PROVIDER WITHOUT WARRANTY OF ANY KIND, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (2) WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND PURPOSE OR NON-INFRINGEMENTINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. FURTHERTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO WARRANTY THAT WARRANTIES THAT: (aI) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (bII) YOUR USE OF THE SERVICE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTEDSECURE, SECURE OR ERROR-FREE; (cIII) ANY INFORMATION THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT FROM THE USE OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (dV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT ; OR GUARANTEE THAT (VI) IN RELATION TO THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD PAYMENT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES INREFUNDS, THE CONTENTTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, DATA WE MAKE NO REPRESENTATION OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEWARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.
Appears in 1 contract
Samples: License and Services Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF SESAME HOME OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO WARRANTY THAT (a) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (b) YOUR NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE YOU UNDERSTAND AND AGREE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE COMPUTER SYSTEM OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR ENVIRONMENTS WHERE THE FAILURE INFORMATION, WHETHER ORAL OR TIME DELAYS OFWRITTEN, OBTAINED BY YOU FROM US OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THROUGH THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Appears in 1 contract
Samples: Terms of Service
DISCLAIMER OF WARRANTY. The Content provided on the Site is provided as a service to members of the public. Information presented on the Site is provided for informational purposes only. No information presented on the Site constitutes legal, financial or medical advice, nor does it create an attorney-client, doctor-patient, fiduciary, or counseling relationship between DSAA and any other party. YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SERVICE IS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SERVICE PROVIDER AND NEITHER DSAA, ANY OF ITS AFFILIATES, SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSOR AGENTS (COLLECTIVELY THE "DSAA PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, PARTNERS COMPLETENESS, SECURITY, AVAILABILITY OR USEFULNESS OF THE SITE AND LICENSORS CONTENT. WITHOUT LIMITING THE FOREGOING,NONE OF DSAA PARTIES REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OUR SITE, SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS OR THAT THE SITE OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR USE OF THE SITE AND THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF DSAA PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KINDANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) WITHOUT LIMITING THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE GENERALITY OF THE SERVICE WILL FOREGOING, ALL OF DSAA PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE EXCLUDED OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELIMITED UNDER APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Use
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THIS SOFTWARE AND AGREE THAT THE SERVICE IS ACCOMPANYING FILES ARE PROVIDED ON AN "AS IS." AND "AS AVAILABLE" BASIS. SERVICE PROVIDER ATALASOFT AND ITS AFFILIATESSUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. ATALASOFT AND ITS SUPPLIERS MAKE NO WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED WARRANTIES TITLE OR INFRINGEMENT OF MERCHANTABILITYTHIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. ANY LIABILITY OF ATALASOFT FOR A DEFECTIVE COPY OF THE SERVICE SOFTWARE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SERVICE SOFTWARE WITH ANOTHER COPY OF REFUND OF THE INITIAL LICENSE FEE ATALASOFT RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE SOFTWARE. IN NO EVENT WILL ATALASOFT OR ITS SUPPLIERS BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED LIABLE TO YOU AS PART FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ATALASOFT REPRESENTATIVE HAS BEEN ADVISED OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE POSSIBILITY OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEDAMAGES.
Appears in 1 contract
Samples: Software License Agreement
DISCLAIMER OF WARRANTY. THE XXXXXXXXX.XXXX WEBSITES AND SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "“AS IS" AND ", AS AVAILABLE" ” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. SERVICE PROVIDER AND ITS AFFILIATESEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND REGARDING THE XXXXXXXXX.XXXX WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO REPRESENTATION OR WARRANTY THAT (a) ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE XXXXXXXXX.XXXX WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE XXXXXXXXX.XXXX WEBSITES AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGMALICIOUS CODE, OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SECURE. SOME JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE WEBSITE AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED ON AN BY THE WEBSITE ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER ", WITH ALL FAULTS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS AND DIABESITYMD, PLLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHERDIABESITYMD, SERVICE PROVIDER AND ITS AFFILIATESPLLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, SUBSIDIARIESTHAT THE FUNCTIONS CONTAINED IN, OFFICERSOR APPLICATION SERVICES PERFORMED OR PROVIDED BY, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WEBSITE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE , THAT THE OPERATION OF THE SERVICE WEBSITE OR APPLICATION SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE , OR RELIABLE; OR (d) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WEBSITE OR APPLICATION SERVICES WILL BE CORRECTED. SERVICE PROVIDER DOES NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIABESITYMD, PLLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT REPRESENT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR GUARANTEE THAT LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, ABOVE EXCLUSION AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE LIMITATIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms and Conditions of Use
DISCLAIMER OF WARRANTY. YOU UNDERSTAND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND AGREE THAT THE SERVICE IS AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SERVICE PROVIDER SYMANTEC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NON-INFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. FURTHER, SERVICE PROVIDER SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ITS AGENTS, PARTNERS OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS SUCH AS IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE XXXXXXXX.XX THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT (a) THE SERVICE ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED NOT APPLY TO YOU AS PART OF TO THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE EXTENT IT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BARRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAPPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Service Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You may have a warranty that covers your Device. Any such warranty applies only to the Device, and not the System, and was not provided by Fullpower. Fullpower has no obligation under any such warranty. THE SYSTEM AND AGREE THAT THE SERVICE IS SERVICES ARE PROVIDED ON AN "“AS IS" ” AND "“WITH ALL FAULTS” AND THE ENTIRE RISK AS AVAILABLE" BASISTO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE SYSTEM AND SERVICES IS WITH YOU. SERVICE PROVIDER AND SHOULD THE SYSTEM OR SERVICES PROVE DEFECTIVE, NONE OF FULLPOWER, ITS AFFILIATES, SUBSIDIARIESITS LICENSORS OR SUPPLIERS, OR ANY PROVIDER OF ANY APP STORE THROUGH WHICH THE APP WAS OFFERED TO YOU, OR ANY OF FULLPOWER’S OR ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSCONTRACTORS, PARTNERS AND LICENSORS EXPRESSLY REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “FULLPOWER PARTIES”), HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR DEVICE OR ANY PART OF THE SYSTEM. THE FULLPOWER PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDWITH RESPECT TO THE SYSTEM AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THE FULLPOWER PARTIES DO NOT WARRANT THAT (a) THE SERVICE SYSTEM OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SERVICE SYSTEM OR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF , OR THAT THE SERVICE SYSTEM OR SERVICES WILL BE ACCURATE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR RELIABLE; DEVICES, OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE SYSTEM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, OR VIRUSES, INTERFERENCEOR THAT ERRORS IN THE SYSTEM OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO FULLPOWER TO GRANT THE LICENSE CONTAINED IN THIS XXXX AND TO PROVIDE YOU WITH ACCESS TO THE SYSTEM AND SERVICES. NO ORAL OR WRITTEN PROMISE, HACKINGADVISE, OR OTHER SECURITY INTRUSIONINFORMATION PROVIDED TO YOU BY ANY SELLER OR DISTRIBUTOR OF DEVICES, ANY FULLPOWER LICENSEE, OR ANY REPRESENTATIVE OF FULLPOWER WILL CREATE ANY WARRANTY OBLIGATION OF FULLPOWER. THE FULLPOWER PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES. CONDITION. CONSULT WITH YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM AND TAKE CARE WHEN EXERCISING. YOU AGREE THAT YOU, AND SERVICE PROVIDER DISCLAIMS NOT ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFULLPOWER PARTIES, AND YOU WILL BE SOLELY ARE RESPONSIBLE FOR ALL RISKS OF ANY DAMAGE EXERCISE OR OTHER ACTIVITY THAT YOU UNDERTAKE AND FOR ANY PARTICULAR ACTIVITY OR SLEEP OUTCOME (OR FAILURE TO YOUR DEVICE ACHIEVE ANY SUCH OUTCOME). THE SYSTEM AND SERVICES MAY NOT BE USED FOR SAFETY OR COMPUTERLIFE APPLICATIONS, AS AN ALARM, FOR EMERGENCY COMMUNICATIONS, OR FOR LOSS OF DATA THAT RESULTS FROM ANY OTHER APPLICATION IN WHICH THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED ACCURACY OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS RELIABILITY OF, OR ERRORS OR INACCURACIES INANY FAILURE OF, THE CONTENT, DATA SYSTEM OR INFORMATION PROVIDED BY THE SERVICE SERVICES COULD LEAD TO DEATH, CREATE A SITUATION WHERE PERSONAL INJURY, DEATH, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEDAMAGE MAY OCCUR. BY USING THE SYSTEM YOU ASSUME ALL RESPONSIBILITY AND RISK.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE SITE AND AGREE THAT THE SERVICE CONTENT IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS,” FOR YOUR INFORMATION AND PERSONAL NON-COMMERCIAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF DEXNET INFORMATION TEHNOLOGY CO ALL USE OF THE SITE IS AT YOUR OWN RISK. SERVICE PROVIDER DEXNET INFORMATION TEHNOLOGY CO DISCLAIMS ALL REPRESENTATIONS AND ITS AFFILIATESWARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OF ANY KIND WITH RESPECT TO THE IMPLIED SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. FURTHERTHIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION HEREIN, SERVICE PROVIDER AND ITS AFFILIATESWE DO NOT WARRANT THE AVAILABILITY, SUBSIDIARIESACCURACY, OFFICERSCOMPLETENESS, DIRECTORSTIMELINESS, EMPLOYEESFUNCTIONALITY, AGENTSRELIABILITY, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE SEQUENCING OR SPEED OF DELIVERY OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE SITE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT CONTENT CONTAINED WITHIN OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED PRESENTED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESITE.
Appears in 1 contract
Samples: User Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN SOLELY AS A CONVENIENCE TO YOU, "AS IS" AND "AS AVAILABLE" BASIS". SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM CVS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF CVS IS ON NOTICE OF SUCH PROBLEMS. FURTHER, SERVICE PROVIDER AND YOU AGREE THAT NO ADVICE OR INFORMATION GIVEN BY CVS OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) EMPLOYEES SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED AND ACCESS TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION SOLE RISK AND RISK, AND DISCRETION. YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE COMPUTER SYSTEMS OR COMPUTERDEVICES, OR FOR LOSS OF DATA DATA, THAT RESULTS FROM THE DOWNLOAD YOUR USE OF THIS SERVICE. CVS DOES NOT MAKE ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFTERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHERWISE.
Appears in 1 contract
Samples: CVS in Store Wireless Terms of Use
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You expressly agree that use of this website is at your sole risk. Neither 814 CRE, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, 814 CRE, LLC does not warrant reliability of any statement or other information displayed or distributed through the site. 814 CRE, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. 814 CRE, LLC may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THIS SITE AND AGREE THAT THE SERVICE IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "“AS IS" ,” “WHERE IS,” AND "AS “WHERE AVAILABLE" ” BASIS. SERVICE PROVIDER AND ITS AFFILIATES814 CRE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 814 CRE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 1 contract
Samples: Website Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS SERVICES ARE PROVIDED ON AN "AS AS-IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIESWITHOUT WARRANTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENTOF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE THERE IS NO WARRANTY GUARANTY THAT (a) THE SERVICE SERVICES PROVIDED BY IEX WILL MEET YOUR USER’S REQUIREMENTS; (b) YOUR , BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. IEX GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICE WILL BE TIMELYSERVICES BY ANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, UNINTERRUPTEDWITHOUT LIMITATION, SECURE ANY FAILURE TO CONCLUDE TRANSACTIONS OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OBSERVE APPLICABLE MARKET REGULATIONS OR RELIABLE; CONVENTIONS OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, PAY REQUISITE TAXES OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS CHARGES ON ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED TRANSACTIONS OR TO OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEACT LAWFULLY.
Appears in 1 contract
Samples: Connectivity Services Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT a. THE SERVICE IS APPLICATION SERVICES ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER .” XXXXXXXX AND ITS AFFILIATESSUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APPLICATION SERVICES. XXXXXXXX AND ITS SUPPLIERS MAKE NO WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED WARRANTIES TITLE OR INFRINGEMENT OF MERCHANTABILITYTHIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE APPLICATION SERVICES. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE ANY LIABILITY OF XXXXXXXX FOR A DEFECTIVE COPY OF THE SERVICE APPLICATION SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SERVICE APPLICATION SERVICES WITH ANOTHER COPY OR REFUND OF THE INITIAL LICENSE FEE XXXXXXXX RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT WILL XXXXXXXX OR ITS SUPPLIERS BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED LIABLE TO YOU AS PART FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A XXXXXXXX REPRESENTATIVE HAS BEEN ADVISED OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE POSSIBILITY OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTERSUCH DAMAGES, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED CLAIM BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEANY THIRD PARTY.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You expressly agree that use of this Web site is at your sole risk. Neither FORWARD INFORMATION TECHNOLOGIES, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, FORWARD INFORMATION TECHNOLOGIES does not warrant reliability of any statement or other information displayed or distributed through the site. FORWARD INFORMATION TECHNOLOGIES reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. FORWARD INFORMATION TECHNOLOGIES may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. THIS SITE AND AGREE THAT THE SERVICE IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS WHERE AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL FORWARD INFORMATION TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FORWARD INFORMATION TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. YOU AGREE THAT FORWARD INFORMATION TECHNOLOGIES AND ITS AFFILIATESPROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, SUBSIDIARIESLOSS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR REQUIREMENTS; (b) YOUR POSSESSION OR USE OF THE SERVICE WILL MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FORWARD INFORMATION TECHNOLOGIES OR ANY OF ITS PROVIDERS BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED LIABLE TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSSFOR ANY DIRECT, CORRUPTIONINDIRECT, ATTACKSPECIAL, VIRUSESINCIDENTAL, INTERFERENCE, HACKINGCONSEQUENTIAL, OR OTHER SECURITY INTRUSIONPUNITIVE DAMAGES (INCLUDING, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR OTHERWISE OBTAINED THROUGH THE USE CORRUPTION OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKDATA, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR COMPUTERMALFUNCTION, OR FOR LOSS INTERRUPTION OF DATA THAT RESULTS FROM BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE DOWNLOAD OF MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OTHER PRODUCTS, SERVICES, OR SUITABLE FOR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS INABILITY TO USE, THIS SITE GENERALLY, OR INACCURACIES INOTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FORWARD INFORMATION TECHNOLOGIES OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE CONTENTABOVE LIMITATION MAY NOT APPLY TO YOU. You agree to indemnify, DATA OR defend, and hold harmless FORWARD INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHTECHNOLOGIES, PERSONAL INJURYits affiliates, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEagents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. Click here to access FORWARD INFORMATION TECHNOLOGIES's Privacy Policy governing the use of information that FORWARD INFORMATION TECHNOLOGIES obtains from you through your use of this Web site. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises; and you further agree that venue for all actions shall be exclusively in the State of Michigan in the State or Federal Courts serving Xxxxxxxxxx County.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE ACKNOWLEDGE THAT SAFE PROVIDES THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER SAFE’S RESPONSIBILITY IS LIMITED TO ACCURATELY FOLLOWING TRANSFER INSTRUCTIONS SUBMITTED BY THE USER, PROVIDED THE TRANSFER IS PERMITTED UNDER APPLICABLE LAW AND ITS AFFILIATESTHE TERMS OF THE ACCOUNTS OF THE USER AND THE PAYEE. SAFE MAKES NO OTHER WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS EXPRESSED OR IMPLIED, REGARDING THE SERVICE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND NON-INFRINGEMENT. FURTHERSAFE DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, SERVICE PROVIDER AND ITS AFFILIATESPERFORMANCE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OR FUNCTIONALITY OF THE SERVICE WILL BE TIMELY(INCLUDING, UNINTERRUPTEDWITHOUT LIMITATION, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICE IS NOT INTENDED INTERNET AND/OR SUITABLE FOR USE IN SITUATIONS TELECOMMUNICATION LINES OR ENVIRONMENTS WHERE CIRCUITS AND ASSUME ALL RISKS RELATING TO THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEFOREGOING.
Appears in 1 contract
DISCLAIMER OF WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT:
a. YOUR USE OF THE SERVICE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SITECORE EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT.
b. SITECORE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE MATERIALS, HOWEVER, SITECORE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, SITE INTERRUPTION, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. FURTHER, SERVICE PROVIDER YOU ARE RESPONSIBLE FOR MAINTAINING AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS BACKING-UP YOUR DATA AND LICENSORS MAKE NO WARRANTY INFORMATION THAT (a) MAY RESIDE ON THE SERVICE SERVICE. SITECORE DOES NOT WARRANT THAT:
i. THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS; (b) YOUR ;
ii. ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR THAT THE MATERIALS WILL BE ERROR-FREE;
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE MATERIALS WILL BE ACCURATE OR RELIABLE;
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MATERIALS WILL MEET YOUR EXPECTATIONS; OR (d) OR
v. ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE MATERIALS WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. .
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE MATERIALS IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE COMPUTER SYSTEM OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT .
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE IS MATERIAL SHALL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFTHESE TERMS, INCLUDING ANY STATEMENT BY A SITECORE EMPLOYEE, AFFILIATE, DIRECTOR, OFFICER, OR ERRORS AGENT.
e. THE DISCLAIMERS IN THIS SECTION OF ANY EXPRESS OR INACCURACIES INIMPLIED WARRANTY BY SITECORE SHALL INCLUDE WITHOUT LIMITATION SITECORE’S PARENTS, THE CONTENTSUBSIDIARIES, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHAFFILIATES, PERSONAL INJURYDIRECTORS, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEEMPLOYEES, AND AGENTS.
Appears in 1 contract
Samples: License Agreement
DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED TO YOU UNDERSTAND BY SEEKEDGAR “AS IS” WITHOUT REPRESENTATION OR WARRANTY, AND YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL SEEKEDGAR DOES NOT MAKE ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. IN PARTICULAR, INCLUDING BUT NOT LIMITED TO THE EXTENT PERMITTED BY LAW, SEEKEDGAR EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKSERVICES WILL PRODUCE A DESIRED RESULT OR THAT THE USE OF THE SERVICES OR THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, AND YOU THAT THE SERVICES OR THE SOFTWARE ARE ERROR-FREE OR VIRUS-FREE, AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THE PROVISIONS OF THIS AGREEMENT. IN PARTICULAR, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS: (A) A WARRANTY OR REPRESENTATION BY SEEKEDGAR AS TO ANY INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES; (B) AN OBLIGATION TO FURNISH ANY ITEM, SOFTWARE, TECHNOLOGY, OR TECHNOLOGICAL INFORMATION OTHER THAN THE SERVICES OR THE SOFTWARE; (C) AN OBLIGATION TO CORRECT ERRORS DEEMED TO BE INTERNAL TO THE SERVICES OR THE SOFTWARE ("MALFUNCTIONS") THAT ARISE IN ANY VERSION OF THE SOFTWARE THAT IS PART OF THE SERVICES DELIVERED TO YOU. SEEKEDGAR DOES NOT WARRANT THAT THE SERVICES OR THE SOFTWARE IS FREE FROM MALFUNCTIONS, NOR THAT ANY MALFUNCTIONS CAN OR WILL BE SOLELY RESPONSIBLE FOR CORRECTED NOR THAT SEEKEDGAR WILL DEVELOP OR PROVIDE YOU WITH ANY DAMAGE OPERATIONS, CAPABILITIES OR FEATURES NOT PRESENT IN THE VERSION OF THE SERVICES OR THE SOFTWARE DELIVERED TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEUNDER THIS AGREEMENT.
Appears in 1 contract
Samples: Subscription Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED “AS IS" , WHERE IS” WITH ALL FAULTS AND "AS AVAILABLE" BASISDEFECTS. SERVICE PROVIDER NW HEREBY DISCLAIMS, AND ITS AFFILIATESPINNACLE HEREBY WAIVES, SUBSIDIARIESRELEASES AND RENOUNCES, OFFICERSANY AND ALL OBLIGATIONS AND LIABILITIES OF NW AND RIGHTS, DIRECTORSCLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY FAULT OR DEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (cB) ANY INFORMATION OBTAINED BY YOU AS A RESULT IMPLIED WARRANTY ARISING FROM COURSE OF THE SERVICE WILL BE ACCURATE PERFORMANCE, COURSE OF DEALING OR RELIABLE; OR USAGE OF TRADE, (dC) ANY DEFECTS OBLIGATION, LIABILITY, RIGHT, CLAIM OR ERRORS REMEDY IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER TORT WHETHER OR NOT ARISING FROM NW’S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT REPRESENT APPLY TO A TORT CLAIM ARISING FROM NW=S GROSS NEGLIGENCE OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONINTENTIONAL MISCONDUCT, AND SERVICE PROVIDER DISCLAIMS (D) ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OBLIGATION, LIABILITY, RIGHT, CLAIM OR OTHERWISE OBTAINED THROUGH THE USE REMEDY FOR LOSS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKUSE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE REVENUE OR COMPUTERPROFIT, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OTHER DIRECT, INCIDENTAL OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGECONSEQUENTIAL DAMAGES.
Appears in 1 contract
Samples: Family Assistance Services Agreement (Pinnacle Airlines Corp)
DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. SERVICE PROVIDER , AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM NEC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS AND (B) MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY NEC DOES NOT GUARANTEE THAT (aA) THE SERVICE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT NEC WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT AND YOUR APPLICATIONS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE SERVICES, INCLUDING ANY PRODUCTS, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM NEC UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE REQUIREMENTS OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY EXPECTATIONS. YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER ACKNOWLEDGE THAT NEC DOES NOT REPRESENT OR GUARANTEE CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE WILL MAY BE FREE FROM LOSSSUBJECT TO LIMITATIONS, CORRUPTIONDELAYS, ATTACKAND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEC IS NOT RESPONSIBLE FOR ANY DELAYS, VIRUSES, INTERFERENCE, HACKINGDELIVERY FAILURES, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETODAMAGE RESULTING FROM SUCH PROBLEMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE CONTENT, APPLICATION OR COMPUTER, NON-NEC SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT. NEC IS NOT RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD SECURITY OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA APPLICATION OR INFORMATION PROVIDED BY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE SERVICE COULD LEAD TRIAL ENVIRONMENT. NEC RESERVES THE RIGHT TO DEATHMAKE CHANGES OR UPDATES TO THE SERVICES, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGENEC PROGRAMS AND TRIAL AT ANY TIME WITHOUT NOTICE.
Appears in 1 contract
Samples: Terms and Conditions
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE PRODUCT, SERVICE AND AGREE THAT THE SERVICE IS DATA ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES” BASIS FOR YOUR USE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FURTHERLICENSOR MAKES NO WARRANTY OR CONDITION AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OR NON-PERFORMANCE OF, THE PRODUCT, SERVICE PROVIDER AND ITS AFFILIATESOR SERVICE DATA INCLUDING THE FAILURE OF A SENDER’S MESSAGE OR COMMUNICATION TO BE TRANSMITTED BY THE PRODUCT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE MOBILE APP OR SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR OR RECEIVED BY AN INTENDED RECEIVER. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PRODUCT, MOBILE APP, SERVICE AND/OR SERVICE DATA IS AT YOUR SOLE RISK. LICENSOR DOES NOT WARRANT THAT YOU WILL BE TIMELYABLE TO ACCESS OR USE THE PRODUCT, UNINTERRUPTEDSERVICE AND/OR SERVICE DATA AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR IN THE EVENT OF AN EMERGENCY OR NOTIFICATION OF AN EMERGENCY; THAT THE PRODUCT, SECURE SERVICE OR SERVICE DATA WILL BE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED; OR THAT THE PRODUCT, SERVICE OR SERVICE DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDER FURTHER, LICENSOR DOES NOT REPRESENT AND WARRANT THAT YOU WILL RECEIVE PAYMENT OR GUARANTEE GOODS AND SERVICES FROM THIRD PARTIES WHEN CONDUCTING TRANSACTIONS THROUGH THE PRODUCT AND/OR SERVICE, THAT THE SERVICE YOU WILL BE FREE RECEIVE REFUNDS FROM LOSSPAYEES, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGTHAT CHARGEBACKS WILL NOT OCCUR, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS THAT ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED MOBILE PAYMENT READER WILL WORK OR OTHERWISE OBTAINED THROUGH FUNCTION CORRECTLY AND/OR ACCURATELY WITH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE PRODUCT AND/OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESERVICE.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. a. YOU UNDERSTAND EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE SERVICE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK.
b. THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, WHETHER EXPRESS INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
c. FSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE, SOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
d. THE SITE, SOFTWARE AND NON-INFRINGEMENT. FURTHERTHE SERVICES MAY CONTAIN BUGS, SERVICE PROVIDER AND ERRORS, PROBLEMS OR OTHER LIMITATIONS.
e. FSS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS AFFILIATESSERVICES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE , THAT THE OPERATION OF THE SERVICE SOFTWARE OR ITS SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) , THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED.
f. THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY INFORMATION OBTAINED BY YOU MONEY, OR NOT LOSE MONEY, AS A RESULT OF THE SERVICE USING OUR PRODUCTS AND SERVICES.
g. ANY EARNINGS, REVENUE, OR INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART BASED ON YOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONDESIRE, AND SERVICE PROVIDER DISCLAIMS AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. THERE ARE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY.
h. THERE ARE UNKNOWN RISKS IN ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH BUSINESS, PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY.
i. THE USE OF THE SERVICE IS ACCESSED AT OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE BASED ON YOUR OWN DISCRETION AND RISK, DUE DILIGENCE AND YOU WILL AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE. Limitation of Liability. FSS SHALL NOT BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL ANY INCIDENTAL, SPECIAL, INDIRECT OR ENVIRONMENTAL DAMAGECONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, SOFTWARE OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
j. THE ABOVE, NOT WITHSTANDING, FSS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE SOFTWARE AND AGREE THAT THE SERVICE IS DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND AND THE ENTIRE RISK AS AVAILABLE" BASISTO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SERVICE PROVIDER THERE IS NO WARRANTY AGAINST INTERFER- ENCE WITH YOUR ENJOYMENT OR AGAINST INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION. THERE IS NO WARRANTY THAT THE SOFTWARE OR THE DOCUMENTATION WILL FUL- FILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO IMPLIED WARRANTY OF BENEFIT FOR THE ORDINARY PURPOSES TO WHICH SUCH SOFTWARE OR DOCUMENTATION ARE USED. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT ANIMBOT OR ITS AFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, ANIMBOT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS ABILITY TO DETER UNAUTHORIZED ACCESS, ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIA- BILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS PERFORMANCE SOLELY AT YOUR OWN RISK. ANY AND LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR FITNESS OF THE SOFTWARE FOR A PARTICULAR USE OR PURPOSE, AND QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY ANIMBOT'S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOY- MENT OR NON-INFRINGEMENTINFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. FURTHERANIMBOT IS NOT LIABLE FOR DE- LAYS, INTERRUPTIONS, SERVICE PROVIDER FAILURES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS OTHER PROBLEMS INHERENT IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION INTER- NET AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE ELECTRONIC COMMUNICATIONS OR COMPUTER, OR FOR LOSS OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEANIMBOT.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT TO THE SERVICE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
(1) THE SERVICES ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. SERVICE PROVIDER WITHOUT WARRANTY OF ANY KIND, AND ITS AFFILIATES(2) WE, SUBSIDIARIESFOR OURSELF AND OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO WARRANTY THAT WARRANTIES THAT: (aI) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (bII) YOUR USE OF THE SERVICE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTEDSECURE, SECURE OR ERROR-FREE; (cIII) ANY INFORMATION THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT FROM THE USE OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (dV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT ; OR GUARANTEE THAT (VI) IN RELATION TO THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD PAYMENT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES INREFUNDS, THE CONTENTTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, DATA WE MAKE NO REPRESENTATION OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEWARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.
Appears in 1 contract
Samples: License and Services Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You expressly agree that use of Skyfie is at your sole risk. Neither _Skyfie, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that Skyfie will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Skyfie, or as to the accuracy, completeness, reliability, security, or currency of the Materials or Content submitted by users. Skyfie does not warrant reliability of any statement or other information displayed or distributed through the Services. THE INFORMATION, CONTENT, AND AGREE THAT THE SERVICE IS MATERIALS ON SKYFIE ARE PROVIDED ON AN "“AS IS" ,” “WHERE IS,” AND "AS “WHERE AVAILABLE" ” BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE IMPLIED OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON SKYFIE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKYFIE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON SKYFIE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON SKYFIE OR YOUR USE SKYFIE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-NON- INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE DISCLAIMER OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, IMPLIED OR OTHER SECURITY INTRUSIONWARRANTIES, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETOSO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT The exclusive means of resolving any dispute or claim arising out of or relating to this agreement (including any alleged breach) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RIGHT TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALGO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS ALSO GIVE UP PROCEEDING . Your rights will be determined by a NEUTRAL ARBITRATOR, NOT INTENDED A JUDGE OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFJURY , OR ERRORS OR INACCURACIES INand the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, THE CONTENTbut you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. This agreement, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHand any dispute between you and The Xxxxxxx Xxxxxxx Foundation for Excellence, PERSONAL INJURYshall be governed by the laws of the state of Texas without regard to principles of conflicts of law, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEprovided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Appears in 1 contract
Samples: User Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE SITE AND AGREE THAT THE SERVICE SERVICES AND CONTENT, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL ” WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. FURTHERWE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCESS TO, SERVICE PROVIDER AND ITS AFFILIATESUSE OF OR OPERATION OF THE SITE OR THE SERVICES OR THE USE, SUBSIDIARIESVALIDITY, OFFICERSACCURACY OR RELIABILITY OF, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR RESULTS OF THE USE OF THE SERVICE WILL CONTENT ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. THE CONTENT MAY BE TIMELYOUT OF DATE, UNINTERRUPTED, SECURE AND WE MAKE NO COMMITMENT TO UPDATE THE CONTENT ON THE SITE. WE DO NOT AND CANNOT GUARANTEE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE WARRANT THAT THE SERVICE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND THE SERVICES, IF ANY, WILL BE FREE FROM LOSS, CORRUPTION, ATTACKINFECTION, VIRUSES, INTERFERENCEWORMS, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSIONCODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT THAT THE SITE, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED THE SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU CONTENT WILL BE SOLELY RESPONSIBLE FOR UNINTERRUPTED OR ERROR-FREE OR THAT ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM DEFECTS IN THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES INSITE, THE CONTENT, DATA SERVICES OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGECONTENT WILL BE CORRECTED.
Appears in 1 contract
Samples: Terms of Service
DISCLAIMER OF WARRANTY. YOU UNDERSTAND EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE RAIN CIN(s) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAIN CINs ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES ” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR EITHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, RAIN ALLIANCE HEREBY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, CONTRACT, OR ANY OTHER BASIS. FURTHERRAIN ALLIANCE MAKES NO WARRANTY, SERVICE PROVIDER AND ITS AFFILIATESHEREBY EXPLICITLY DISCLAIMS ANY WARRANTY, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE RAIN CIN WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL , MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE TIMELY, AVAILABLE ON AN UNINTERRUPTED, SECURE SECURE, OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT FREE BASIS. THE DISCLAIMERS HEREIN APPLY REGARDLESS OF THE DEGREE TO WHICH RAIN CINs ARE PROVIDED IN WHOLE OR IN PART DIRECLTY BY RAIN ALLIANCE AND/OR BY A THIRD-PARTY SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPROVIDER.
Appears in 1 contract
Samples: Rain Cin Agreement
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED TO YOU UNDERSTAND BY ES "AS IS", AND YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" ES MAKES NO REPRESENTATIONS AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL EXTENDS NO WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE . THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY OR THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. IN PARTICULAR, NOTHING IN THIS AGREEMENT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU OR WILL BE SOLELY RESPONSIBLE FOR CONSTRUED AS:
(a) A WARRANTY OR REPRESENTATION BY ES AS TO THE VALIDITY OR SCOPE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE;
(b) AN OBLIGATION TO FURNISH ANY DAMAGE TO YOUR DEVICE OR COMPUTERSOFTWARE, TECHNOLOGY, OR FOR LOSS TECHNOLOGICAL INFORMATION TO YOU;
(c) AN OBLIGATION ON ES TO CORRECT MALFUNCTIONS ("MALFUNCTIONS") THAT ARISE IN ANY VERSION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSOFTWARE DELIVERED TO YOU. YOU FURTHER ACKNOWLEDGE MALFUNCTIONS, AS USED HEREIN, MEANS ERRORS DEEMED TO BE INTERNAL TO THE SOFTWARE. ES DOES NOT WARRANT THAT THE SERVICE SOFTWARE IS NOT INTENDED FREE FROM MALFUNTIO NS, NOR THAT ANY MALFUNCTIONS CAN OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEWILL BE CORRECTED.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. THE PANEL SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ", AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. SERVICE PROVIDER AND ITS AFFILIATESEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND REGARDING THE PANEL SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO REPRESENTATION OR WARRANTY THAT (a) ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE PANEL SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PANEL SERVICES WILL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE PANEL SERVICES WILL BE TIMELYUNINTERRUPTED OR ERROR- FREE, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGMALICIOUS CODE, OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SECURE. SOME JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use
DISCLAIMER OF WARRANTY. THESE SERVICES ARE PROVIDED BY BEAR CRUSH ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEAR CRUSH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER BEAR CRUSH NOR ANY PERSON ASSOCIATED WITH BEAR CRUSH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASISCOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. SERVICE PROVIDER AND ITS AFFILIATESWITHOUT LIMITING THE FOREGOING, SUBSIDIARIESNEITHER BEAR CRUSH NOR ANYONE ASSOCIATED WITH BEAR CRUSH REPRESENTS OR WARRANTS THAT THE SERVICES, OFFICERSTHEIR CONTENT, DIRECTORSOR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, EMPLOYEESRELIABLE, AGENTSERROR-FREE, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BEAR CRUSH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER FOREGOING DOES NOT REPRESENT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELIMITED UNDER APPLICABLE LAW.
Appears in 1 contract
Samples: Terms and Conditions
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS SERVICES ARE PROVIDED ON AN "AS AS-IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIESWITHOUT WARRANTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENTOF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE THERE IS NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE GUARANTY THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION SERVICES PROVIDED BY THE SERVICE COULD LEAD TO DEATHEXCHANGE WILL MEET USER’S REQUIREMENTS, PERSONAL INJURYBE ERROR FREE, OR SEVERE PHYSICAL OPERATE WITHOUT INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR ENVIRONMENTAL DAMAGECONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY ANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY.
Appears in 1 contract
Samples: Connectivity Services Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS SERVICES ARE PROVIDED ON AN "AS AS-IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIESWITHOUT WARRANTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENTOF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE THERE IS NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE GUARANTY THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION SERVICES PROVIDED BY THE SERVICE COULD LEAD TO DEATHEXCHANGE WILL MEET USER’S REQUIREMENTS, PERSONAL INJURYBE ERROR FREE, OR SEVERE PHYSICAL OPERATE WITHOUT INTERRUPTION. THEEXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR ENVIRONMENTAL DAMAGECONDUCT OF ANY OTHER PERSON HAVINGACCESS TO THE SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY ANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY.
Appears in 1 contract
Samples: Connectivity Services Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT a. No Warranties. THIS SECTION WILL APPLY TO THE SERVICE IS PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FHL PROVIDES THE SERVICES ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS. SERVICE PROVIDER ” BASIS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-PURPOSE OR NON- INFRINGEMENT. FURTHERFHL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, SERVICE PROVIDER AND ITS AFFILIATESUNINTERRUPTED, SUBSIDIARIESALWAYS AVAILABLE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE ERROR- FREE OR WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. SERVICE PROVIDER FHL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by FHL, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FHL DOES NOT REPRESENT NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR GUARANTEE THAT USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETOTHAN FHL. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU UNDER NO CIRCUMSTANCES WILL FHL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR DEVICE RESULTING FROM ANYONE´S RELIANCE ON INFORMATION OR COMPUTEROTHER CONTENT POSTED ON THE SITE OR SERVICES, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF TRANSMITTED TO OR BY ANY SUCH MATERIALUSERS.
c. Beta Features. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFFrom time to time, OR ERRORS OR INACCURACIES INFHL may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEand may be modified or discontinued at FHL´s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Appears in 1 contract
Samples: Terms and Conditions
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT User agrees to use all Services provided hereunder, at User's own risk. THE SERVICE IS SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND ", AS AVAILABLE" , BASIS. SERVICE PROVIDER AND NEITHER THE ACADEMY NOR ITS AFFILIATES, SUBSIDIARIESEMPLOYEES, OFFICERS, DIRECTORS, EMPLOYEESSHAREHOLDERS, AFFILIATES, AGENTS, PARTNERS AND ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS EXPRESSLY DISCLAIM ALL OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE NO WARRANTY ANY WARRANTIES AS TO THE RESULTS THAT (a) MAY BE OBTAINED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELYSERVICES OR AS TO THE ACCURACY, UNINTERRUPTEDRELIABILITY OR CONTENT OF ANY INFORMATION, SECURE SERVICES OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTEDSERVICES. SERVICE PROVIDER DOES WE ARE NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONLIABLE, AND SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY LIABILITY RELATING THERETOLIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER VIA THE SERVICES PROVIDED BY US. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED SERVICES WILL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEThe terms of this section shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Terms of Use and Service Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE SOFTWARE IS PROVIDED ON AN "TO YOU “AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES ” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ALD AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSUS. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY ALD DOES NOT WARRANT THAT (a) THE SERVICE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE REQUIREMENTS OR BE ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE USE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT PERFORMANCE OF THE SERVICE WILL BE ACCURATE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SOFTWARE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, SYSTEM OR FOR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA DATA. ALD DOES NOT REPRESENT OR WARRANT THAT RESULTS FROM ALL ERRORS IN THE DOWNLOAD SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. NO AGENT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT ALD IS AUTHORIZED TO ALTER OR EXCEED THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEWARRANTY OBLIGATIONS OF ALD AS SET FORTH HEREIN.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND AGREE THAT THE SERVICE IS AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SERVICE PROVIDER SYMANTEC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NON-INFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. FURTHER, SERVICE PROVIDER SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ITS AGENTS, PARTNERS OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT (a) THE SERVICE ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED NOT APPLY TO YOU AS PART OF TO THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE EXTENT IT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BARRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAPPLICABLE LAW.
Appears in 1 contract
DISCLAIMER OF WARRANTY. YOU UNDERSTAND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND AGREE THAT THE SERVICE IS AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SERVICE PROVIDER SYMANTEC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NON-INFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. FURTHER, SERVICE PROVIDER SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ITS AGENTS, PARTNERS OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT (a) ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED EXTENT IT IS BARRED BY APPLICABLE LAW. UK CONSUMERS ONLY: IF YOU AS ARE A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS CONSUMER IN THE SOFTWARE PROVIDED TO UNITED KINGDOM, YOU AS PART MAY HAVE CERTAIN STATUTORY RIGHTS IN RESPECT OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGLOSSES CAUSED BY SYMANTEC’S NEGLIGENCE, OR OTHER SECURITY INTRUSIONSYMANTEC’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. THESE TERMS AND CONDITIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED CONTACT YOUR LOCAL TRADING STANDARDS’ DEPARTMENT OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGECITIZENS ADVICE BUREAU.
Appears in 1 contract
Samples: Terms of Service
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE SOFTWARE IS AT YOUR SOLE RISK. YOUR LICENSE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER PST XXXXXX SOFTWARE, ON BEHALF OF ITSELF AND ITS AFFILIATESDISTRIBUTORS, SUBSIDIARIESADVERTISERS AND SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KINDAND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ARISING BY LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT). FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE PLEASE NOTE THAT THE SOFTWARE MAY NOT MEET YOUR NEEDS. PST XXXXXX SOFTWARE MAKES NO WARRANTY REPRESENTATION OR WARRANTY: (A) THAT (a) THE SERVICE SOFTWARE WILL MEET YOUR REQUIREMENTSNEEDS; (bB) THAT THE DATA AND FILES YOU STORE IN YOUR USE OF THE SERVICE ACCOUNT WILL NOT BE TIMELY, UNINTERRUPTED, SECURE LOST OR ERROR-FREEDAMAGED; (cC) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THAT THE SERVICE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE ACCURATE LOST OR RELIABLEDAMAGED; OR (dD) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE YOU ACKNOWLEDGE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION CHOICE AND RISK, RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE COMPUTER SYSTEM OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD RETRIEVAL OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED MATERIAL OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEDATA.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND HEREBY RELEASE US AND AGREE THAT AGREES TO HOLD SUSTAINABLE THERAPY, INC., ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE IS OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM. THE SERVICES AND CONTENT PROVIDED ON AN BY STI ARE PROVIDED "AS IS" AND ", "AS AVAILABLE" BASISAND WITHOUT WARRANTY OF ANY KIND. SERVICE PROVIDER STI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND LICENSORS CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. STI DOES NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED OR STATUTORY, RELATING TO THE IMPLIED SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO (A) ANY COUNSELOR; (B) ANY INFORMATION ABOUT ANY COUNSELOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF MERCHANTABILITYANY PROVIDER; (C) THE COUNSELOR SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, FITNESS FOR RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PARTICULAR PURPOSECOUNSELOR; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE COUNSELOR SERVICES;
(E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM;
(F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE PLATFORM AND NON-INFRINGEMENTTHE COUNSELOR SERVICES. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE XXX MAKES NO WARRANTY THAT (a) THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS. ANY CONSULTATION WITH A PROVIDER VIA THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER PLATFORM CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALREPLACE A MEETING WITH A PROFESSIONAL. YOU FURTHER ACKNOWLEDGE THAT ARE ENCOURAGED TO VERIFY THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY. STI DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO DEATHTHE PLATFORM, PERSONAL INJURYTHE COUNSELORS OR THE COUNSELOR SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE PLATFORM, YOU HEREBY RELIEVE US FROM ALL MANNER OF ACTIONS, CLAIMS OR SEVERE PHYSICAL DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR ENVIRONMENTAL DAMAGECONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH YOU MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Appears in 1 contract
Samples: Terms and Conditions
DISCLAIMER OF WARRANTY. YOU UNDERSTAND 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 our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND AGREE THAT THE SERVICE ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SERVICE PROVIDER AND NEITHER COBALT SPEECH NOR ANY PERSON ASSOCIATED WITH COBALT SPEECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COBALT SPEECH NOR ANYONE ASSOCIATED WITH COBALT SPEECH REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS AFFILIATESCONTENT, SUBSIDIARIESOR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, OFFICERSRELIABLE, DIRECTORSERROR- FREE, EMPLOYEESOR UNINTERRUPTED, AGENTSTHAT DEFECTS WILL BE CORRECTED, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, COBALT SPEECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY LAW, AND NON-INFRINGEMENT. FURTHERIN NO EVENT WILL COBALT SPEECH, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIESOR THEIR LICENSORS, OFFICERS, DIRECTORSSERVICE PROVIDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGOFFICERS, OR OTHER SECURITY INTRUSIONDIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, AND SERVICE PROVIDER DISCLAIMS UNDER ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED LEGAL THEORY, ARISING OUT OF OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT IN CONNECTION WITH YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTERUSE, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFOTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ERRORS OR INACCURACIES INPUNITIVE DAMAGES, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHINCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR SEVERE PHYSICAL ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR ENVIRONMENTAL DAMAGEOTHERWISE, EVEN IF FORESEEABLE. By accessing or using any demonstration services available on this Website or any other site posting these Terms (collectively, the “Demos”), or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use and these Additional Terms Applicable to Use of Demos. Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access any Demos.
Appears in 1 contract
Samples: Terms of Use
DISCLAIMER OF WARRANTY. YOU UNDERSTAND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE SOFTWARE AND AGREE THAT THE SERVICE MANAGED SERVICES IS PROVIDED ON AN "“AS IS" ,” AND "AS AVAILABLE" BASIS. SERVICE PROVIDER THREATDOWN DISCLAIMS ANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF AND REPRESENTATIONS REGARDING THE SOFTWARE OR MANAGED SERVICES AND ANY KINDSERVICES PROVIDED BY THREATDOWN, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHERNO ADVICE OR INFORMATION, SERVICE PROVIDER WHETHER ORAL OR WRITTEN, OBTAINED FROM THREATDOWN OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THREATDOWN DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND ITS AFFILIATESOTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE OR MANAGED SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 9, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS THREATDOWN DOES NOT WARRANT THAT: (A) THE SOFTWARE OR MANAGED SERVICES WILL OPERATE IN AN ERROR-FREE AND/OR UNINTERRUPTED MANNER; AND/OR (B) THE SOFTWARE OR MANAGED SERVICES WILL ELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE WARRANTIES OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE REPRESENTATIONS IN THREATDOWN' NAME OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEON THREATDOWN' BEHALF.
Appears in 1 contract
Samples: Managed Services Provider Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS, WITH ALL FAULTS. SERVICE PROVIDER WE AND ITS AFFILIATES, SUBSIDIARIES, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTSSUB-CONTRACTORS, PARTNERS AGENTS AND LICENSORS EXPRESSLY AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES OF ANY KINDAND REPRESENTATIONS, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THE IMPLIED SERVICE, THE EMAIL SERVICES AND THE SECURED EMAILS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY WE DO NOT WARRANT THAT (a1) THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS IN ANY WAY; (b2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE FUNCTIONALITIES WILL MEET YOUR EXPECTATIONS; (4) THE EMAIL YOU GENERATE THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE TIMELYSATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, UNINTERRUPTEDINCLUDING STATEMENTS REGARDING CAPACITY, SECURE SUITABILITY FOR USE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT PERFORMANCE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICE, OR OTHER SECURITY INTRUSIONTHE CONTENT SENT THROUGH THE SERVICE, AND SERVICE PROVIDER DISCLAIMS WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOUR STAFF WHATSOEVER.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND You agree that your use of the Application and Services shall be at your sole risk. To the fullest extent permitted by law, Company, including its officers, directors, shareholders, partners, employees, service providers, affiliates and/or any other person or entity acting on behalf of the Company, disclaim all warranties. THE APPLICATION AND AGREE THAT THE SERVICE IS DOCUMENTATION ARE LICENSED AND PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT ANY WARRANTY OF ANY KIND, AND the COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESNTATIONS, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, AND PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND OF ANY THIRD PARTY SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY COMPANY DOES NOT GURANTEE THAT (a) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR PERFORM ERROR-FREE; (c) FREE OR UNINTERRUPTED OR THAT COMPANY WILL CORRECT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; ALL ERRORS. NO LICENSOR, DEALER, DISTRIBUTOR, RESELLER, AGENT OR (d) EMPLOYEE IS AUTHORIZED TO MAKE ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSSMODIFICATIONS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGEXTENSIONS, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER ADDITIONS TO THIS DISCLAIMER OF WARRANTY. COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. OR RESPONSIBILITY FOR ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKSITE OR SERVICES, AND YOU WILL BE SOLELY IS NOT RESPONSIBLE FOR ANY DAMAGE TO PROTECTING YOUR DEVICE OR COMPUTERCONTENT. Any material downloaded or obtained through the use of the Services, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALincluding any marketing campaigns and landing pages is done at Your own discretion and risk. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFyou agree that You are solely responsible for any damage to your computer system or other device, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEand/or for any loss of data that may result from the download of any such material.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. a. YOU UNDERSTAND EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE SERVICE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK.
b. THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, WHETHER EXPRESS INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
c. FSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE, SOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
d. THE SITE, SOFTWARE AND NON-INFRINGEMENT. FURTHERTHE SERVICES MAY CONTAIN BUGS, SERVICE PROVIDER AND ERRORS, PROBLEMS OR OTHER LIMITATIONS.
e. FSS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS AFFILIATESSERVICES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE , THAT THE OPERATION OF THE SERVICE SOFTWARE OR ITS SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) , THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED.
f. THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY INFORMATION OBTAINED BY YOU MONEY, OR NOT LOSE MONEY, AS A RESULT OF THE SERVICE USING OUR PRODUCTS AND SERVICES.
g. ANY EARNINGS, REVENUE, OR INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART BASED ON YOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONDESIRE, AND SERVICE PROVIDER DISCLAIMS AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. THERE ARE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY.
h. THERE ARE UNKNOWN RISKS IN ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH BUSINESS, PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY.
i. THE USE OF THE SERVICE IS ACCESSED AT OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE BASED ON YOUR OWN DISCRETION AND RISK, DUE DILIGENCE AND YOU WILL BE SOLELY RESPONSIBLE AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR DEVICE SUCCESS OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEFAILURE.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND The Software is distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither the author nor anyone else involved in creating, producing, or delivering the software shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty or any damages whatsoever resulting from loss of use, data or profits, whether in an action based upon contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the software. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREE AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" KEY METRIC SOFTWARE, ITS SUBSIDIARIES AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AFFILIATES, AND ITS AFFILIATESLICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, SUBSIDIARIESINDIRECT, OFFICERSINCIDENTAL, DIRECTORSSPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY CUSTOMER, EMPLOYEESHOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AGENTSINCLUDING, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES TO, ANY LOSS OF MERCHANTABILITYPROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), FITNESS FOR A PARTICULAR PURPOSEANY LOSS OF GOODWILL OR BUSINESS REPUTATION, AND NON-INFRINGEMENT. FURTHERANY LOSS OF DATA SUFFERED, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE COST OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE PROCUREMENT OF SUBSTITUTE GOODS OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICES, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY INTANGIBLE LOSS. THE FOREGOING LIMITATIONS ON KEY METRIC SOFTWARE'S LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED SHALL APPLY WHETHER OR OTHERWISE OBTAINED THROUGH THE USE NOT KEY METRIC SOFTWARE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD POSSIBILITY OF ANY SUCH MATERIALLOSSES ARISING. YOU FURTHER ACKNOWLEDGE THAT NOTWITHSTANDING THE SERVICE IS FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT KEY METRIC SOFTWARE'S LIABILITY FOR LOSSES WHICH MAY NOT INTENDED BE LAWFULLY EXCLUDED OR SUITABLE FOR USE IN SITUATIONS LIMITED BY APPLICABLE LAW. THE TOTAL LIABILITY OF KEY METRIC SOFTWARE ARISING OUT OF OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD RELATED TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIS AGREEMENT WILL NOT EXCEED USD $50.
Appears in 1 contract
Samples: License Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS LIQUID P2P EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-NON- INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE LIQUID P2P MAKES NO WARRANTY THAT (ai) THE SERVICE WILL MEET YOUR REQUIREMENTS; REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS, (bii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTEDSECURE, SECURE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE; FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES, (ciii) ANY INFORMATION THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT 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, (dv) UNEXPECTED EVENTS/ACTIONS WILL NOT OCCUR INCLUDING AUTOMATIC INVESTMENT ERRORS AND/OR AUTOMATIC LISTING/SELLING ERRORS (OR VALUATIONS OF ACCOUNT SECURITIES, NOTES, OR INSTRUMENTS), AND (vi) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT NO ADVICE OR GUARANTEE THAT INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIQUID P2P OR THROUGH OR FROM THE SERVICE WILL BE FREE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. LIQUID P2P IS NOT RESPONSIBLE FOR UNEXPECTED RESULTS OR ERRORS WITH A USER'S LINKED ACCOUNT(S) RESULTING FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE. USE THIS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 1 contract
Samples: Terms of Service
DISCLAIMER OF WARRANTY. THE SITE AND SERVICES ARE PROVIDED TO YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ", AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. SERVICE PROVIDER AND ITS AFFILIATESEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND REGARDING THE SITE AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WE MAKE NO REPRESENTATION OR WARRANTY THAT (a) ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE SITE AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT , FREE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGMALICIOUS CODE, OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SECURE. SOME JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 1 contract
Samples: Terms of Use Agreement
DISCLAIMER OF WARRANTY. YOU UNDERSTAND THE SOFTWARE AND AGREE THAT THE SERVICE IS SERVICES ARE PROVIDED ON AN "“AS IS" ”. XXxxxxxxxx.xxx AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OUR AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SOFTWARE AND SERVICES, INCLUDING BUT ANY WARRANTY THAT THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT IN YOUR AWS ACCOUNT, INCLUDING YOUR CONTENT AND DATA, WILL BE SECURE OR NOT LIMITED OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, XXxxxxxxxx.xxx AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONQUIET ENJOYMENT, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD WARRANTIES ARISING OUT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED COURSE OF DEALING OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEUSAGE OF TRADE.
Appears in 1 contract
Samples: End User Agreement