Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.

Appears in 1 contract

Samples: Goco Service Agreement

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DISCLAIMER OF WARRANTY. a. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KINDKIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, WHETHER CREATED BY STATUTE OR OTHERWISE, WITH REGARD TO THIS AGREEMENTINCLUDING, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT NON- INFRINGEMENT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIRD-PARTY RIGHTS. THE SERVICES XEROX AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES ITS LICENSORS DO NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT SOFTWARE WILL MEET PARTNER’SYOUR PARTICULAR REQUIREMENTS, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF IT WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS DEFECTS IN THE SOFTWARE CAN OR WILL BE XXXXXXXXX.Xx additionCORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of Software and/or the Company does not provide any warranties regarding system upon which it is installed. Such disabling code may be activated (ia) if Xerox is denied access to the accuracy of Software and/or the results obtained through use of any of the Servicessystem as provided herein, (iib) the accuracy you otherwise breach any term of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attackthis Agreement, or (ivc) the network, communications links such license is terminated or infrastructure You useexpires. 4.

Appears in 1 contract

Samples: Software License Agreement

DISCLAIMER OF WARRANTY. The information contained in the Database is not guaranteed and neither the UNIVERSITY, nor its sources of information will be liable to You for any loss or damage based on any errors or omissions therefrom. The information from the Database is subject to the following exclusion of warranty: THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION UNIVERSITY AND ITS SOURCES OF INFORMATION DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATABASE OR THE MEDIA ON WHICH THE DATABASE INFORMATION IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OF THE UNIVERSITY, ITS PERSONNEL OR THE UNIVERSITY'S SOURCES OF INFORMATION, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION OR SERVICES. THE UNIVERSITY IS PROVIDING THE DATABASE TO YOU WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED. THE DATABASE IS PROVIDED "AS IS". You acknowledge that: (a) The UNIVERSITY does not warrant the accuracy or completeness of the information contained in the Database; (b) The UNIVERSITY does not warrant that the operation of the Database or the UNIVERSITY's Web site will be uninterrupted or error free; (c) The information contained in the Database changes constantly. 6. No Liability. &nbspIN NO EVENT WILL THE UNIVERSITY, IMPLIEDITS PERSONNEL OR THE UNIVERSITY'S SOURCES OF INFORMATION BE LIABLE TO YOU OR ANY THIRD PARTY, STATUTORYIN ANY FORM OF ACTION, FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF THE UNIVERSITY, ITS PERSONNEL OR THE UNIVERSITY'S SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE UNIVERSITY SHALL INCUR NO LIABILITY TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO THE DATABASE OR YOUR USE OF THE DATABASE OR THE INFORMATION CONTAINED THEREIN. THE UNIVERSITY SHALL IN NO EVENT HAVE ANY RESPONSIBILITY FOR, OR OTHERWISELIABILITY TO YOU WITH RESPECT TO, WITH REGARD ANY DAMAGE TO THIS AGREEMENTYOUR DATA, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEEQUIPMENT OR SOFTWARE, OR ANY IMPLIED WARRANTIES ARISING OUT FORM OF USAGE OF TRADE, COURSE OF DEALING PERSONAL INJURY OR COURSE OF PERFORMANCEPROPERTY DAMAGE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use7.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KINDSERVICES ARE PROVIDED TO YOU ON AN "AS IS, EXPRESSAS AVAILABLE" BASIS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND 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, WITHOUT LIMITATION ANY LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, BY COURSE OF DEALING OR COURSE CUSTOM OF PERFORMANCETRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES AND ANY OTHER MATERIALSARE ACCURATE, SOFTWARE COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR INFORMATION PROVIDED BY YOUR ACCESS TO AND USE OF THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES FREE OF ANY KINDVIRUSES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLEMALICIOUS CODE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREEHARMFUL COMPONENTS, OR ERROR FREEOTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KINDPANEL SERVICES ARE PROVIDED TO YOU ON AN "AS IS, EXPRESSAS AVAILABLE" BASIS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND 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, WITHOUT LIMITATION ANY LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, BY COURSE OF DEALING OR COURSE CUSTOM OF PERFORMANCETRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PANEL SERVICES AND ANY OTHER MATERIALSARE ACCURATE, SOFTWARE COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PANEL SERVICES WILL MEET YOUR REQUIREMENTS AND/OR INFORMATION PROVIDED BY YOUR ACCESS TO AND USE OF THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSPANEL SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES FREE OF ANY KINDVIRUSES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLEMALICIOUS CODE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREEHARMFUL COMPONENTS, OR ERROR FREEOTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Scope of Agreement

DISCLAIMER OF WARRANTY. UNLESS THE COMPANY HEREBY DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” AND THAT WE DO NOT MAKE ANY WARRANTIES WHATSOEVER THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE BANK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM THE CLIENT’S USE OF THE SERVICES. THE BANK MAKES NO, AND EXPRESSLY DISCLAIMS ALL REPRESENTATION ALL, WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE YOUR USE OF THE SERVICES AND THE EQUIPMENT, INCLUDING THE WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK DISCLAIMS ANY IMPLIED WARRANTIES ARISING OUT REGARDING ANY SOFTWARE, ANY COMMUNICATION OR COMMUNICATION MEDIUM, THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESEQUIPMENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT WARRANTY THAT THE SERVICES AND THE EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE. THE CLIENT ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, OR THAT TRANSMISSION ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING THE SERVICES AND ASSUMES ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useRISKS RELATING TO THE FOREGOING.

Appears in 1 contract

Samples: Service Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KINDSITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, EXPRESSAS AVAILABLE" BASIS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND 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, WITHOUT LIMITATION ANY LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, BY COURSE OF DEALING OR COURSE CUSTOM OF PERFORMANCETRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE SITE AND/OR INFORMATION PROVIDED BY THE COMPANY OUR SERVICE ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSACCURATE, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCOMPLETE, WHETHER EXPRESSAPPROPRIATE, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLERELIABLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIMELY. THE COMPANY DOES NOT WARRANT WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ YOUR REQUIREMENTS AND/OR EMPLOYEES’ REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OF THE OPERATION THEREOF SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS UNINTERRUPTED OR ERROR-FREE, OR ERROR FREEFREE OF VIRUSES, MALICIOUS CODE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionOTHER HARMFUL COMPONENTS, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the ServicesOR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Scope of Agreement

DISCLAIMER OF WARRANTY. Customer agrees to use all Services and any information obtained through or from WebbIT, at Customer's own risk. Customer acknowledges and agrees that WebbIT exercises no control over, and accepts no responsibility for, the content of the information passing through WebbIT's host computers, network hubs and points of presence or the Internet. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF WebbIT, ITS PARENT, SUBSIDIARY OR WARRANTY AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "WebbIT PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON- INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT WebbIT PROVIDES. NO WebbIT PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WebbIT IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY WebbIT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WebbIT PERSON, WILL BE XXXXXXXXX.Xx addition, the Company does not provide CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.

Appears in 1 contract

Samples: Services and Hosting Agreement

DISCLAIMER OF WARRANTY. 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 COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR WARRANTY AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL BE XXXXXXXXX.Xx addition, the Company does not provide CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.  Limited Warranty.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. Customer agrees to use all Services and any information obtained through or from Xxxxxxxxxxxxxxxxx.xxx, at Customer's own risk. Customer acknowledges and agrees that Xxxxxxxxxxxxxxxxx.xxx exercises no control over, and accepts no responsibility for, the content of the information passing through Xxxxxxxxxxxxxxxxx.xxx 's host computers, network hubs and points of presence or the Internet. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Xxxxxxxxxxxxxxxxx.xxx, ITS PARENT, SUBSIDIARY OR WARRANTY AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN " Xxxxxxxxxxxxxxxxx.xxx PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT Xxxxxxxxxxxxxxxxx.xxx PROVIDES. NO Xxxxxxxxxxxxxxxxx.xxx PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Xxxxxxxxxxxxxxxxx.xxx IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Xxxxxxxxxxxxxxxxx.xxx. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Xxxxxxxxxxxxxxxxx.xxx PERSON, WILL BE XXXXXXXXX.Xx addition, the Company does not provide CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. 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 THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. FORWARD INFORMATION TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR OTHERWISETHE 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 REGARD RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS AGREEMENTSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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. LIMITATION OF LIABILITIES YOU AGREE THAT FORWARD INFORMATION TECHNOLOGIES AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY IMPLIED WARRANTIES DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF USAGE OR RESULTING FROM YOUR POSSESSION OR USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/CONTENT, OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCONTRACT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESINCLUDING, INCLUDING WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FORWARD INFORMATION TECHNOLOGIES OR ANY WARRANTIES OF MERCHANTABILITYITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, NONINFRINGEMENTINDIRECT, TITLESPECIAL, INCIDENTAL, CONSEQUENTIAL, OR FITNESS FOR A PARTICULAR PURPOSEPUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER INFORMATIONPRODUCTS, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREESERVICES, OR ERROR FREEINFORMATION OFFERED, SOLD, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionDISPLAYED ON THIS SITE, the Company does not provide YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE 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 ABOVE LIMITATION MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify, defend, and hold harmless FORWARD INFORMATION TECHNOLOGIES, its affiliates, agents, employees, and licensors from and against any warranties regarding (i) the accuracy and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the results obtained through site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. PRIVACY POLICY Click here to access FORWARD INFORMATION TECHNOLOGIES's Privacy Policy governing the use of any information that FORWARD INFORMATION TECHNOLOGIES obtains from you through your use of this Web site. LIMITATIONS ON CLAIM Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the Services, (ii) claim or cause of action arises; and you further agree that venue for all actions shall be exclusively in the accuracy State of Michigan in the data contained within any of the Services, (iii) the security of any of the Services from intrusion State or attack, or (iv) the network, communications links or infrastructure You useFederal Courts serving Xxxxxxxxxx County.

Appears in 1 contract

Samples: Web Site Terms

DISCLAIMER OF WARRANTY. User expressly acknowledges and agrees that use of the Content and the Hosted Services is at User’s sole risk. Daikin Applied assumes no liability for the Content or damage to any equipment, whether computer or HVAC. The User assumes full responsibility for the appropriate use of information contained in the Content and agrees to hold Daikin Applied, and its third party providers, harmless from any and all claims or actions arising from User’s use of the Content. THE COMPANY HEREBY EXPRESSLY DISCLAIMS CONTENT ARE PROVIDED “AS IS”, WITH ALL REPRESENTATION OR FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSAND THE HOSTED SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Daikin Applied does not warrant that the Content or the performance of the Hosted Services (including, but not limited to, [gateway, cloud, internet, Wi-Fi, etc.] will meet User’s requirements, or that the operation of the Content or the Hosted Services will be uninterrupted or error-free, or that defects in the Content or in the performance of the Hosted Services will be corrected. Furthermore, Daikin Applied does not warrant or make any representation regarding the use or the results of the use of the Content (including the related documentation), the Content, or the Hosted Services in terms of their correctness, accuracy, reliability, or otherwise. Should the Content or the performance of the Hosted Services prove defective, you (and not Daikin Applied) assume the entire cost of all necessary servicing, repair, or correction. **DAIKIN APPLIED EXPRESSLY DISCLAIMS ANY WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND NONINFRINGEMENT WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTENT OR THE HOSTED SERVICES.** The Content may be provided with third party plug- ins or other third party Content, or this Content may be provided as a plug-in for, or otherwise in association with, third party Content. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use Use of any of such third party Content will be governed by the Servicesapplicable license agreement, (ii) the accuracy of the data contained within any of the Servicesif any, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usewith such third party.

Appears in 1 contract

Samples: Sitelinetm Daikin Building Controls License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KINDYou expressly acknowledge and agree that the use of the Product Software, EXPRESSsensors and/or applications are at your sole risk. The Product Software, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED sensors and/ or applications are provided “AS IS” “AS AVAILABLE” and without warranty of any kind. XXXXX AND WITH ALL FAULTSITS LICENSORS EXPRESSLY DISCLAIM AND MAKE NO WARRANTIES, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER EXPRESSBY STATUTE, IMPLIEDCOMMON LAW, STATUTORY CUSTOM, USAGE OR OTHERWISEOTHERWISE AS TO THE PRODUCT SOFTWARE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESSENSORS, APPLICATIONS OR ANY COMPONENT THEREOF, INCLUDING ANY WARRANTIES BUT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES XXXXX AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES FUNCTION CONTAINED IN THE PRODUCT SOFTWARE, SENSORS AND/OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT APPLICATIONS WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF OF THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS WILL BE UNINTERRUPTEDCORRECT OR COMPLETE. FURTHERMORE, SECUREXXXXX AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT SOFTWARE, VIRUS FREESENSORS AND/OR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR ERROR FREEOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. XXXXX AND ITS LICENSORS PROVIDE NO WARRANTY THAT ANY INFRASTRUCTURE, PROPERTY, COMMERCIAL RESTROOM FACILITY, DEVICE, OTHER PRODUCT SOFTWARE OR THAT ALL ERRORS DATA WILL NOT BE XXXXXXXXX.Xx additionDAMAGED BY THE PRODUCT SOFTWARE, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSENSORS AND/OR APPLICATIONS.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTIES, EXPRESS OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY IMPLIED WARRANTIES WARRANTY ARISING OUT OF USAGE OF TRADEFROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES , AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSANY SERVICES, MADE AVAILABLE TO USER, AND THE COMPANY DOES NOT MAKE ANY ALL SUCH OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWARE HEREBY DISCLAIMED. THE COMPANY DOES NOT WARRANT THERE IS NO GUARANTY THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT BY IEX WILL MEET PARTNER’SUSER’S REQUIREMENTS, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL 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 XXXXXXXXX.Xx additionHELD 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, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the ServicesWITHOUT LIMITATION, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useANY 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. YOUR USE OF THE COMPANY HEREBY EXPRESSLY SOFTWARE IS AT YOUR SOLE RISK. YOUR LICENSE IS PROVIDED TO YOU ON AN "AS IS" BASIS. PST XXXXXX SOFTWARE, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL REPRESENTATION WARRANTIES AND CONDITIONS, EXPRESS OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORYARISING BY LAW OR OTHERWISE (INCLUDING, OR OTHERWISEWITHOUT LIMITATION, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE AND NON-INFRINGEMENT). THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT PLEASE NOTE THAT THE SERVICES SOFTWARE MAY NOT MEET YOUR NEEDS. PST XXXXXX SOFTWARE MAKES NO REPRESENTATION OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WARRANTY: (A) THAT THE SOFTWARE WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR YOUR NEEDS; (B) THAT THE OPERATION THEREOF DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (C) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR ERROR FREE, OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT ALL ERRORS YOU WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS When the user activates and uses some feature of this product, based on the feature requirements, some user data may be uploaded to the cloud, and used for internal analysis to decrease user device errors and provide better protection. In this situation, the user is notified about the relationship between data upload/data usage and related feature enhancements. When the user activates these types of features, associated pop-ups will appear in the system, providing the user the option to authorize or deny the upload. Once the user authorizes the upload and use of this data, the user will obtain usage permission for the feature, as well as better and more precise protection. However, if the user denies the upload and use of data, based on the limitation of data sample analysis, it may weaken security and protection to a certain extent as well as increase the possibility of false positive. Hillstone disclaims any liability or compensation in this scenario. EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL REPRESENTATION EXPRESS OR WARRANTY OF ANY KINDIMPLIED CONDITIONS, EXPRESSREPRESENTATIONS, IMPLIEDAND WARRANTIES INCLUDING, STATUTORYWITHOUT LIMITATION, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HILLSTONE, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE LIABLE FOR PERSONAL INJURY, OR ANY IMPLIED WARRANTIES INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF USAGE OF TRADEOR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR HARDWARE, COURSE OF DEALING ANY WARRANTY OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES ARISING OUT OF ANY KINDBREACH OF WARRANTY, WHETHER EXPRESSHOWEVER CAUSED, IMPLIEDREGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STATUTORY TORT OR OTHERWISE, ) AND EVEN IF HILLSTONE HAS BEEN ADVISED OF THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING POSSIBILITY OF SUCH DAMAGES. HILLSTONE’S LIABILITY SHALL IN ANY WARRANTIES EVENT AND UNDER ANY THEORY OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, RECOVERY BE LIMITED TO THE MAXIMUM EXTENT PERMITTED TOTAL AMOUNT RECEIVED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED HILLSTONE UNDER THIS AGREEMENT WILL MEET PARTNER’SOR QUOTATION DURING THE PRECEDING THREE (3) MONTHS PERIOD. THE SOLE REMEDY FOR A BREACH OF ANY APPLICABLE LIMITED WARRANTY SET FORTH IN THIS XXXX IS, CLIENTS’ AT THE OPTION OF HILLSTONE, REPAIR OR EMPLOYEES’ REQUIREMENTS REPLACEMENT OF THE DEFECTIVE OR THAT NON-CONFORMING HARDWARE OR SOFTWARE. TO THE OPERATION THEREOF WILL EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useLIABLE FOR PERSONAL INJURY. THE FOREGOING IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND STATES HILLSTONE’S ENTIRE LIABILITY.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. No Warranties. THIS SECTION WILL APPLY TO THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LENDINGFAX PROVIDES THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND OTHERWISE WITH RESPECT TO THE COMPANY SPECIFICALLY DISCLAIMS SERVICES OR THE SITE (INCLUDING ALL IMPLIED WARRANTIESINFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPURPOSE OR NON-INFRINGEMENT. THE COMPANY LENDINGFAX DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREEYOUR REQUIREMENTS, OR THAT ALL ERRORS ANY DEFECTS IN THE SERVICES WILL BE XXXXXXXXX.Xx additionCORRECTED. LENDINGFAX DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third- Party Content. Opinions, advice, statements, offers, or other information or content made available through the Company does Site or Services, but not provide any warranties regarding directly by Lendingfax, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LENDINGFAX DOES NOT: (i) the accuracy of the results obtained through use of any of the ServicesGUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) the accuracy of the data contained within any of the ServicesADOPT, (iii) the security of any of the Services from intrusion or attackENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, or (iv) the networkADVICE, communications links or infrastructure You useOR STATEMENT MADE BY ANY PARTY OTHER THAN LENDINGFAX. UNDER NO CIRCUMSTANCES WILL LENDINGFAX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Appears in 1 contract

Samples: lendingfax.com

DISCLAIMER OF WARRANTY. Licensor is committed to ensuring service quality and uptime excellence to provide Licensee with an optimal experience when using the Product. While the Licensor always endeavors to keep the Software running, Licensee acknowledges that the Software may be unavailable for short periods from time to time for maintenance and system improvements. In order to maintain excellent customer service, the Licensor will work diligently with Licensee to address any issues that arise. With the understanding that it is in Licensor’s best interest to provide superior service, LICENSEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE COMPANY HEREBY EXPRESSLY DISCLAIMS PRODUCT WILL BE AT ITS OWN RISK AND THAT THE PRODUCT AND ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY PORTIONS THEREOF ARE PROVIDED ON AN "AS IS” “AS AVAILABLE” AND WITH ALL FAULTS" BASIS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS AFFILIATES, ITS LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PRODUCT, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INTERFERING OR NON-INFRINGING. THE COMPANY LICENSOR DOES NOT WARRANT THAT THE SERVICES SOFTWARE WILL PERFORM, EXCEPT TO THE EXTENT STATED IN THE DOCUMENTATION. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS DESTRUCTION OR THAT THE OPERATION THEREOF SITE WILL BE UNINTERRUPTEDMEET REQUIREMENTS. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT LICENSEE BEARS ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. LICENSOR IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE PRODUCT, SECUREINCLUDING, VIRUS FREEBUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ERROR FREEFOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND AS PARTIAL CONSIDERATION FOR BEING GRANTED THE LICENSES HEREUNDER LICENSEE AGREES TO BE BOUND BY THIS DISCLAIMER AND THE LIMITATIONS OF LIABILITY BELOW NOTWITHSTANDING THE FAILURE OF ANY REMEDY HEREUNDER OF ITS ESSENTIAL PURPOSE. IN CERTAIN CIRCUMSTANCES, SOME STATES OR THAT ALL ERRORS JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR RESELLERS BE XXXXXXXXX.Xx additionLIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR GOODWILL, WORK STOPPAGE, LOSS OF DATA, INACCURACIES, COMPUTER FAILURE OR MALFUNCTION, EVEN IF LICENSEE IS ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL PART OF THIS AGREEMENT ANDLICENSORWOULDNOTHAVEENTEREDINTOTHISAGREEMENTBUTFORTHESAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. COMPLIANCE WITH LAWS. Licensee agrees to comply with all applicable laws and regulations, domestic and foreign, with respect to the Company does not provide any warranties regarding (i) Product, including without limitation those related to export and import controls, confidentiality and protection of personal data. Licensee further agrees to comply with all local law and regulatory requirements necessary to ensure that Licensee’s employees, agents and representatives comply with the accuracy terms of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement as if they were parties hereto.

Appears in 1 contract

Samples: annona.co

DISCLAIMER OF WARRANTY. Licensor is committed to ensuring service quality and uptime excellence to provide Licensee with an optimal experience when using the Product. While the Licensor always endeavors to keep the Software running, Licensee acknowledges that the Software may be unavailable for short periods from time to time for maintenance and system improvements. In order to maintain excellent customer service, the Licensor will work diligently with Licensee to address any issues that arise. With the understanding that it is in Licensor’s best interest to provide superior service, LICENSEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE COMPANY HEREBY EXPRESSLY DISCLAIMS PRODUCT WILL BE AT ITS OWN RISK AND THAT THE PRODUCT AND ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY PORTIONS THEREOF ARE PROVIDED ON AN "AS IS” “AS AVAILABLE” AND WITH ALL FAULTS" BASIS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS AFFILIATES, ITS LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PRODUCT, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INTERFERING OR NON-INFRINGING. THE COMPANY LICENSOR DOES NOT WARRANT THAT THE SERVICES SOFTWARE WILL PERFORM, EXCEPT TO THE EXTENT STATED IN THE DOCUMENTATION. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS DESTRUCTION OR THAT THE OPERATION THEREOF SITE WILL BE UNINTERRUPTEDMEET REQUIREMENTS. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT LICENSEE BEARS ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. LICENSOR IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE PRODUCT, SECUREINCLUDING, VIRUS FREEBUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ERROR FREEFOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND AS PARTIAL CONSIDERATION FOR BEING GRANTED THE LICENSES HEREUNDER LICENSEE AGREES TO BE BOUND BY THIS DISCLAIMER AND THE LIMITATIONS OF LIABILITY BELOW NOTWITHSTANDING THE FAILURE OF ANY REMEDY HEREUNDER OF ITS ESSENTIAL PURPOSE. IN CERTAIN CIRCUMSTANCES, SOME STATES OR THAT ALL ERRORS JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR RESELLERS BE XXXXXXXXX.Xx additionLIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR GOODWILL, WORK STOPPAGE, LOSS OF DATA, INACCURACIES, COMPUTER FAILURE OR MALFUNCTION, EVEN IF LICENSEE IS ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL PART OF THIS AGREEMENT AND LICENSOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. COMPLIANCE WITH LAWS. Licensee agrees to comply with all applicable laws and regulations, domestic and foreign, with respect to the Company does not provide any warranties regarding (i) Product, including without limitation those related to export and import controls, confidentiality and protection of personal data. Licensee further agrees to comply with all local law and regulatory requirements necessary to ensure that Licensee’s employees, agents and representatives comply with the accuracy terms of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement as if they were parties hereto.

Appears in 1 contract

Samples: Angaza Terms of Service

DISCLAIMER OF WARRANTY. No warranty of performance is made for equipment beyond its being in working order when it leaves Vandaleigh Inc. The equipment is offered for inspection and test at the time of rental. Vandaleigh Inc. is not responsible for any loss resulting from the use of its equipment or other supplies. Products not manufactured by seller are warranted and guaranteed only to extent and in the manner warranted and guaranteed to seller by the manufacturer of said products and then only to the extent that they are able to enforce such warranty or guarantee. VANDALEIGH BEING NEITHER THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION MANUFACTURER, NOR SUPPLIER, NOR A DEALER OF THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER RELATING TO THE EQUIPMENT, OR OTHERWISEINCLUDING, WITH REGARD TO THIS AGREEMENTWITHOUT LIMITATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE , ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR A ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY IMPLIED WARRANTIES ARISING OUT LAWS, RULES, SPECIFICATIONS OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. Vandaleigh FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF USAGE OF TRADEANY DEFECTS, COURSE OF DEALING LATENT OR COURSE OF PERFORMANCEOTHERWISE, IN THE EQUIPMENT. VANDALEIGH RENTS THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED EQUIPMENT TO LESSEE “AS IS.“AS AVAILABLE” AND WITH ALL FAULTSVANDALEIGH SHALL NOT BE LIABLE IN ANY EVENT TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES DELAY OR DAMAGE OF ANY KINDKIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, THE EQUIPMENT OR ACCIDENTAL BREAKAGE THEREOF. UNDER NO CIRCUMSTANCES SHALL Vandaleigh OR ITS RELATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER EXPRESSFORSEEABLE OR UNFORSEEABLE, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useBASED UPON XXXXXX’S CLAIMS.

Appears in 1 contract

Samples: Lease Agreement

DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE COMPANY HEREBY 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 DISCLAIMS DISCLAIM ALL REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY 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 IMPLIED WARRANTIES ARISING OUT INFORMATION OBTAINED BY YOU AS A RESULT OF USAGE THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF TRADETHE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, COURSE 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 DEALING THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COURSE COMPUTER, OR FOR LOSS OF PERFORMANCEDATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES AND ANY OTHER MATERIALSSERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, SOFTWARE AND/OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSSERVICE COULD LEAD TO DEATH, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLEPERSONAL INJURY, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES SEVERE PHYSICAL OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. LIMITATION OF LIABILITIES. AGERSOFTWARE PROVIDES THE COMPANY HEREBY EXPRESSLY DISCLAIMS SOFTWARE "AS-IS", PROVIDED WITH ALL REPRESENTATION POSSIBLE FAULTS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SECUREDELTA AS WELL. NEITHER AGERSOFTWARE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY . AGERSOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARISING OUT ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Where limitations are not allowed on how long an implied warranty may last, then the above limitations may not apply to You. This warranty gives you specific rights, and You may have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF USAGE THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL AGERSOFTWARE SRL OR ANY OF TRADEITS SUPPLIERS, COURSE OWNERS, SHAREHOLDERS OR MEMBERS OF DEALING AGERSOFTWARE PAID IN FULL, PART TIME OR COURSE OF PERFORMANCE. THE SERVICES AND CONTRACTORS, BE LIABLE TO YOU OR ANY OTHER MATERIALSPERSON FOR ANY INDIRECT, SOFTWARE AND/SPECIAL, INCIDENTAL, OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER EXPRESSINCLUDING WITHOUT LIMITATION, IMPLIEDDAMAGES FOR LOSS OF GOODWILL, STATUTORY OR OTHERWISEWORK STOPPAGE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLECOMPUTER MALFUNCTION, OR FITNESS ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF AGERSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR A PARTICULAR PURPOSE, DEATH OR PERSONAL INJURY TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL AGERSOFTWARE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE COMPANY DOES NOT WARRANT THAT FORM OF ACTION, EXCEED THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT AMOUNT OF THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usePURCHASE PRICE PAID FOR THE SOFTWARE LICENSE.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. 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 COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION FULLEST EXTENT ALLOWABLE BY LAW, THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. 814 CRE, LLC MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR OTHERWISETHE 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 REGARD RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS AGREEMENTSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useNON-INFRINGEMENT.

Appears in 1 contract

Samples: Website Terms

DISCLAIMER OF WARRANTY. CUSTOMER AGREES THAT THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY SERVICES PROVIDED BY WIN ARE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WIN MAKES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY IMPLIED WARRANTIES WARRANTY ARISING OUT OF BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFORMANCE OR ANY WARRANTY THAT THE SERVICES AND ANY OTHER MATERIALSWILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY WIN DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF SERVICE WILL BE UNINTERRUPTEDWITHOUT FAILURE, SECUREDELAY, VIRUS FREEINTERRUPTION, ERROR, OR DEGRADATION OF QUALITY, OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT WIN EQUIPMENT WILL OPERATE AS INTENDED. CUSTOMER AGREES THAT ALL ERRORS USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK AND NEITHER WIN NOR ITS EMPLOYEES OR AGENTS WILL BE XXXXXXXXX.Xx additionLIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the ServicesOR ALTERATION, (ii) the accuracy of the data contained within any of the ServicesTHEFT OR DESTRUCTION OF SERVICE OR EQUIPMENT THROUGH ACCIDENT, (iii) the security of any of the Services from intrusion or attackFRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. STATEMENTS AND DESCRIPTIONS CONCERNING SERVICE OR EQUIPMENT, or (iv) the networkIF ANY, communications links or infrastructure You useBY WIN'S EMPLOYEES, AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AND MAY NOT BE RELIED UPON AS A WARRANTY OF ANY KIND.

Appears in 1 contract

Samples: mwdatademo4.com

DISCLAIMER OF WARRANTY. User agrees to use all Services provided hereunder, at User's own risk. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE, BASIS. NEITHER THE ACADEMY NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR WARRANTY THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, 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 SERVICES WILL BE XXXXXXXXX.Xx addition, the Company does not provide DONE SOLELY AT YOUR OWN DISCRETION AND RISK. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.

Appears in 1 contract

Samples: Terms of Use and Service

DISCLAIMER OF WARRANTY. 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 THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR OTHERWISETHE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANYEXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH REGARD RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS AGREEMENTSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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. Without limiting the scope of the foregoing, 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. LIMITATION OF LIABILITIES YOU AGREE THAT THE COMPANYAND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY IMPLIED WARRANTIES DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF USAGE OR RESULTING FROM YOUR POSSESSION OR USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/CONTENT, OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCONTRACT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT, AND INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESCOMPANYOR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INCLUDING ANY WARRANTIES OF MERCHANTABILITYINDIRECT, NONINFRINGEMENTSPECIAL, TITLEINCIDENTAL, CONSEQUENTIAL, OR FITNESS FOR A PARTICULAR PURPOSEPUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER INFORMATIONPRODUCTS, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREESERVICES, OR ERROR FREEINFORMATION OFFERED, SOLD, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionDISPLAYED ON THIS SITE, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the ServicesYOUR USE OF, (ii) the accuracy of the data contained within any of the ServicesOR INABILITY TO USE, (iii) the security of any of the Services from intrusion or attackTHIS SITE GENERALLY, or (iv) the networkOR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, communications links or infrastructure You useREGARDLESS 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 ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Web Site Terms

DISCLAIMER OF WARRANTY. 11.1 THE COMPANY HEREBY EXPRESSLY DISCLAIMS SAAS SERVICES ARE SUPPLIED “AS IS,” “WHERE IS,” “WITH ALL REPRESENTATION OR FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. GRASS VALLEY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT QUALITY OF USAGE OF TRADEINFORMATION, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENTQUIET ENJOYMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAND NON-INFRINGEMENT. THE COMPANY GRASS VALLEY DOES NOT WARRANT THAT THE SAAS SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF SAAS SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR ERROR-FREE, OR THAT ALL ERRORS DEFECTS IN THE SAAS SERVICES WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useCORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRASS VALLEY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF GRASS VALLEY’S OBLIGATIONS UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST GRASS VALLEY ARISING OUT OF THE SAAS SERVICES OR THIS AGREEMENT. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SAAS SERVICES AND ANY OTHER SERVICES PROVIDED BY GRASS VALLEY HEREUNDER IS AT YOUR SOLE RISK.

Appears in 1 contract

Samples: Saas Services Terms and Conditions

DISCLAIMER OF WARRANTY. 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 MATERIALS ON SKYFIE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR OTHERWISETHE MATERIALS ON SKYFIE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKYFIE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH REGARD RESPECT TO THIS AGREEMENTANY 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 WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. 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. LIMITATION OF LIABILITIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY IMPLIED WARRANTIES THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE COMPANY' S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TERM OF USE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF USAGE OR RELATED TO USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR EMPLOYEES’ REQUIREMENTS CAUSE OF ACTION AROSE OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, FOREVER BARRED. Arbitration and Governing Law. 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 does in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not provide under any warranties 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 RIGHT TO GO 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 ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING . Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY , and the arbitrator shall determine all issues regarding (i) the accuracy arbitrability of the results obtained through use of dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but 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, and any dispute between you and The Xxxxxxx Xxxxxxx Foundation for Excellence, shall be governed by the laws of the Servicesstate of Texas without regard to principles of conflicts of law, (ii) provided that this arbitration agreement shall be governed by the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useFederal Arbitration Act.

Appears in 1 contract

Samples: User Agreement

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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 ACKNOWLEDGE AND AGREE THAT THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SITE AND THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY CONTENT THEREIN ARE PROVIDED ON AN "AS IS” “" AND "AS AVAILABLE” AND WITH ALL FAULTS" BASIS, AND THE COMPANY DOES NOT MAKE WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DSAA, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE "DSAA PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR USEFULNESS OF THE SITE AND 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 ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND REGARDING THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESSITE OR ANY CONTENT, INCLUDING ANY WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF DSAA PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE MAXIMUM EXTENT PERMITTED BY USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.

Appears in 1 contract

Samples: Terms of Use Agreement

DISCLAIMER OF WARRANTY. Customer agrees to use all Services and any information obtained through or from Honeywick, at Customer's own risk. Customer acknowledges and agrees that Honeywick exercises no control over, and accepts no responsibility for, the content of the information passing through Honeywick's host computers, network, or the Internet. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Honeywick, ITS PARENT, SUBSIDIARY OR WARRANTY AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("Honeywick PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT Honeywick PROVIDES. NO Honeywick PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Honeywick IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY Honeywick. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Honeywick PERSON, WILL BE XXXXXXXXX.Xx addition, the Company does not provide CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS SDK IS PROVIDED TO YOU “AS IS” AND WITH ALL REPRESENTATION OR FAULTS AND 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, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD RESPECT TO THIS AGREEMENTTHE SDK, INCLUDING WITHOUT LIMITATION ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING THAT MAY ARISE OUT OF USAGE COURSE OF TRADEDEALING, COURSE OF DEALING PERFORMANCE, USAGE, OR COURSE TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, VECTORWORKS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF PERFORMANCE. ANY KIND THAT THE SERVICES AND SDK WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER MATERIALSSOFTWARE, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSAPPLICATIONS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLESYSTEMS, OR FITNESS FOR A PARTICULAR PURPOSESERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR ANY OTHER INFORMATION, MATERIALS RELIABILITY STANDARDS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ANY ERRORS OR DEFECTS CAN OR WILL BE XXXXXXXXX.Xx addition, CORRECTED. Some jurisdictions do not allow the Company does not provide any exclusion of certain warranties regarding (i) the accuracy so some or all of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services above limitations may not apply to You. You may have rights that vary from intrusion or attack, or (iv) the network, communications links or infrastructure You usejurisdiction to jurisdiction.

Appears in 1 contract

Samples: download2.nemetschek.net

DISCLAIMER OF WARRANTY. EXCEPT FOR THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR LIMITED WARRANTY SET FORTH IN SECTION 5, THE LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS-IS” WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, EXPRESSTHAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESSED OR IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH REGARD TO THIS AGREEMENTINCLUDING, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING THAT MAY ARISE OUT OF USAGE COURSE OF TRADEDEALING, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLEUSAGE, OR FITNESS FOR A PARTICULAR PURPOSETRADE PRACTICE ARE EXPRESSLY DISCLAIMED BY LICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. Licensee acknowledges that Licensee is responsible for the selection of the Licensed Software to achieve Licensee’s intended results and for the installation and/or use of, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionand results obtained from, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useLicensed Software.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCENo Warranties. Paper Education Company Inc. PROVIDES THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “ON AN "AS IS” “AS AVAILABLE” " BASIS AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND OTHERWISE WITH RESPECT TO THE COMPANY SPECIFICALLY DISCLAIMS SERVICES OR THE SITE (INCLUDING ALL IMPLIED WARRANTIESINFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPURPOSE OR NON-INFRINGEMENT. THE COMPANY Paper Education Company Inc. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREEYOUR REQUIREMENTS, OR THAT ALL ERRORS ANY DEFECTS IN THE SERVICES WILL BE XXXXXXXXX.Xx additionCORRECTED. Paper Education Company Inc. DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, Paper Education Company Inc. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR OR TO SECURE THE SERVICES OF A TUTOR, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Paper Education Company does Inc., are those of their respective authors, and should not provide any warranties regarding necessarily be relied upon. Such authors are solely responsible for such content. Paper Education Company Inc. DOES NOT: (i) the accuracy of the results obtained through use of any of the ServicesGUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) the accuracy of the data contained within any of the ServicesADOPT, (iii) the security of any of the Services from intrusion or attackENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, or (iv) the networkADVICE, communications links or infrastructure You useOR STATEMENT MADE BY ANY PARTY OTHER THAN Paper Education Company Inc.. UNDER NO CIRCUMSTANCES WILL Paper Education Company Inc. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Appears in 1 contract

Samples: Service Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (a) THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS”. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND THE COMPANY STERICYCLE DOES NOT MAKE WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET, THE EQUIPMENT USED TO ACCESS THE SERVICE, THE SERVICE OR ANY OTHER FEATURE OF THE SERVICE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF THE SERVICE IS WITH SUBSCRIBER. THERE ARE NO EXPRESS OR IMPLIED, WARRANTIES OR CONDITIONS WHATSOEVER WITH REGARD TO THE SERVICE. FOR GREATER CERTAINTY ALL IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSEKIND ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. THE COMPANY STERICYCLE DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT SERVICE WILL MEET PARTNER’S, CLIENTS’ SUBSCRIBER’S OR EMPLOYEESEND USERS’ REQUIREMENTS OR THAT THE SERVICES’ OPERATION THEREOF WILL BE UNINTERRUPTEDERROR FREE. NO ORAL OR WRITTEN INFORMATION OR TECHNICAL ADVICE OR ASSISTANCE GIVEN BY STERICYCLE SHALL CREATE A WARRANTY, SECURE, VIRUS FREEADDITIONAL LIABILITY, OR ERROR FREEIN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY; (b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES, OR SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER. IN THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionEVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE COMMENCEMENT DATE. Without limiting the generality of the foregoing, the Company does not provide any warranties regarding (i) parties agree that to the accuracy extent permitted by law, the provisions of the results obtained through use International Sales of any Goods Act (Ontario), the Civil Code of Quebec and the ServicesUnited Nations Conventions on Contracts for the International Sales of Goods, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion other similar legislation or attack, or (iv) the network, communications links or infrastructure You useconventions do not apply to this Agreement.

Appears in 1 contract

Samples: Statement of Work

DISCLAIMER OF WARRANTY. Bright MLS may change, suspend, or discontinue any aspect of the Bright MLS Service and any other service provided by Bright MLS at any time without notice or liability. TO THE COMPANY HEREBY MAXIMUM EXTENT PERMITTED BY LAW, THE BRIGHT MLS SERVICE AND ANY BRIGHT MLS CONTENT OR OTHER CONTENT MADE AVAILABLE BY BRIGHT MLS THROUGH THE BRIGHT MLS SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND THE ENTIRE RISK AS TO USE, SATISFACTORY PERFORMANCE, ACCURACY, AND COMPLETENESS IS WITH SUBSCRIBER. BRIGHT MLS MAKES NO GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OBTAINED. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, BRIGHT MLS EXPRESSLY DISCLAIMS ALL REPRESENTATION ANY REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON- INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALSWORKMANLIKE EFFORT, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSQUALITY, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDACCURACY, WHETHER EXPRESSTIMELINESS, IMPLIEDCOMPLETENESS, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENTRELIABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSEQUIET ENJOYMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATIONNO ENCUMBRANCES, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREENO LIENS, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.SYSTEM INTEGRATION;

Appears in 1 contract

Samples: Subscription Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCENo Warranties. OSTATHNA PROVIDES THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “ON AN "AS IS” “AS AVAILABLE” " BASIS AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND OTHERWISE WITH RESPECT TO THE COMPANY SPECIFICALLY DISCLAIMS SERVICES OR THE SITE (INCLUDING ALL IMPLIED WARRANTIESINFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPURPOSE OR NON-INFRINGEMENT. THE COMPANY OSTATHNA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREEYOUR REQUIREMENTS, OR THAT ALL ERRORS ANY DEFECTS IN THE SERVICES WILL BE XXXXXXXXX.Xx additionCORRECTED. OSTATHNA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, OSTATHNA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR OR TO SECURE THE SERVICES OF A TUTOR, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Company does Services, but not provide any warranties regarding directly by Ostathna, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. OSTATHNA DOES NOT: (i) the accuracy of the results obtained through use of any of the ServicesGUARANTEE THE ACCURACY, (ii) the accuracy of the data contained within any of the ServicesCOMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.OR

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU, "AS IS" AND "AS AVAILABLE". CVS DISCLAIMS ALL REPRESENTATION OR WARRANTY WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY IMPLIED WARRANTIES ARISING OUT PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF USAGE VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF CVS IS ON NOTICE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCESUCH PROBLEMS. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/YOU AGREE THAT NO ADVICE OR INFORMATION PROVIDED GIVEN BY CVS OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. YOUR USE OF AND ACCESS TO THE COMPANY SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSSOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, AND THE COMPANY OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THIS SERVICE. CVS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IN TERMS OF ANY KINDCOMPLETENESS, WHETHER EXPRESSCORRECTNESS, IMPLIEDACCURACY, STATUTORY ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.

Appears in 1 contract

Samples: www.cvs.com

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KINDYou may have a warranty that covers your Device. Any such warranty applies only to the Device, EXPRESSand not the System, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEand was not provided by Fullpower. Fullpower has no obligation under any such warranty. THE SYSTEM AND SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” AND AS AVAILABLE” AND WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE COMPANY DOES NOT MAKE SYSTEM AND SERVICES IS WITH YOU. SHOULD THE SYSTEM OR SERVICES PROVE DEFECTIVE, NONE OF FULLPOWER, ITS AFFILIATES, ITS LICENSORS OR SUPPLIERS, OR ANY WARRANTIES PROVIDER OF ANY KINDAPP STORE THROUGH WHICH THE APP WAS OFFERED TO YOU, WHETHER EXPRESSOR ANY OF FULLPOWER’S OR ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, 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 WITH RESPECT TO THE SYSTEM AND SERVICES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLENON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES FULLPOWER PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS SYSTEM OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’SYOUR REQUIREMENTS IN ANY RESPECT, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF OF THE SYSTEM OR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT ALL ERRORS THE SYSTEM OR SERVICES WILL BE XXXXXXXXX.Xx additionCOMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR DEVICES, the Company does not provide any warranties regarding (i) the accuracy OR THAT THE SYSTEM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, OR VIRUSES, OR 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, ADVISE, OR INFORMATION 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. Not for Medical or Critical Use; Use of the results obtained through use System is at the User's Own Risk. THE SYSTEM AND SERVICES ARE FOR ENTERTAINMENT AND/OR FITNESS PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, CURE, OR TREAT ANY DISEASE OR OTHER MEDICAL CONDITION. CONSULT WITH YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM AND TAKE CARE WHEN EXERCISING. YOU AGREE THAT YOU, AND NOT ANY OF THE FULLPOWER PARTIES, ARE RESPONSIBLE FOR ALL RISKS OF ANY EXERCISE OR OTHER ACTIVITY THAT YOU UNDERTAKE AND FOR ANY PARTICULAR ACTIVITY OR SLEEP OUTCOME (OR FAILURE TO ACHIEVE ANY SUCH OUTCOME). THE SYSTEM AND SERVICES MAY NOT BE USED FOR SAFETY OR LIFE APPLICATIONS, AS AN ALARM, FOR EMERGENCY COMMUNICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF, OR ANY FAILURE OF, THE SYSTEM OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY, DEATH, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE MAY OCCUR. BY USING THE SYSTEM YOU ASSUME ALL RESPONSIBILITY AND RISK. Limitation of any of the ServicesLiability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY FULLPOWER PARTY OR ANY FULLPOWER LICENSEE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (iiINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OR CORRUPTION OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, OR OTHER PECUNIARY LOSS) the accuracy of the data contained within any of the ServicesARISING OUT OF THIS XXXX, (iii) the security of any of the Services from intrusion or attackYOUR USE OF OR INABILITY TO USE THE SYSTEM OR SERVICES, or (iv) the networkYOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SYSTEM OR SERVICES, communications links or infrastructure You useOR ANY ACTIVITIES WITH WHICH YOU USE THE SYSTEM OR SERVICES, EVEN IF SUCH FULLPOWER PARTY OR LICENSEE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY FULLPOWER PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS,” WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE STATED IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY, NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO GOODS OR SERVICES DEPICTED, SHOWN OR DESCRIBED ON THIS WEBSITE OR WITH ANY WEBSITE CONTENT. INFORMATION REGARDING THE COMPANY’S PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS, ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EXPRESSTHE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER VIOLATIONS OF RIGHTS. THE COMPANY DOES NOT WARRANT THAT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE, WEBSITE CONTENT OR ANY OTHER INFORMATIONSITES LINKED TO THIS WEBSITE. EQUITABLE RELIEF You acknowledge and agree that breach of these Terms and Conditions will result in irreparable harm that would be difficult to measure; and, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’Stherefore, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionthat upon any such breach or threat of such breach, the Company does not provide shall be entitled to injunctive and other appropriate equitable relief from any warranties regarding court of competent jurisdiction (i) without the accuracy necessity of the results obtained through use proving actual damages or of any of the Servicesposting a bond), (ii) the accuracy of the data contained within any of the Servicesin addition to whatever remedies it may have at law, (iii) the security of any of the Services from intrusion under these Terms and Conditions or attack, or (iv) the network, communications links or infrastructure You useotherwise.

Appears in 1 contract

Samples: Terms and Conditions of Use

DISCLAIMER OF WARRANTY. Customer agrees to use all Services and any information obtained through or from Xxxxxxxxxxx.xxx, at Customer's own risk. Customer acknowledges and agrees that Xxxxxxxxxxx.xxx exercises no control over, and accepts no responsibility for, the content of the information passing through Xxxxxxxxxxx.xxx host computers, networks or the Internet. Customers are responsible for backing up of all data, including but not limited to web content, emails and database content. Xxxxxxxxxxx.xxx does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Customer data. If any Customer data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Xxxxxxxxxxx.xxx will have no obligation or liability to you. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION GOODS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF XXXXXXXXXXX.XXX’S PARENT, SUBSIDIARY OR WARRANTY AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "XXXXXXXXXXX.XXX PERSON") MAKE ANY WARRANTIES OF ANY KIND, EXPRESS, EITHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADENON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR EQUIPMENT XXXXXXXXXXX.XXX PROVIDES. NO XXXXXXXXXXX.XXX PERSON MAKES ANY WARRANTIES THAT THE OPERATION THEREOF SERVICES WILL NOT BE UNINTERRUPTED, SECURE, VIRUS FREE, INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR THAT ALL ERRORS CONTENT OF ANY INFORMATION, SERVICES OR GOODS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. XXXXXXXXXXX.XXX IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY XXXXXXXXXXX.XXX. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY XXXXXXXXXXX.XXX EMPLOYEE OR AUTHORISED REPRESENTITIVE, WILL BE XXXXXXXXX.Xx addition, the Company does not provide CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any warranties regarding (i) the accuracy termination of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis Agreement.

Appears in 1 contract

Samples: End User Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEYou expressly acknowledge and agree that the use of the Software is at your own risk. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED The Software is provided “AS IS” “AS AVAILABLE” and without warranty of any kind. NUREVA AND WITH ALL FAULTSITS LICENSORS EXPRESSLY DISCLAIM AND MAKE NO WARRANTIES, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER EXPRESSBY STATUTE, IMPLIEDCOMMON LAW, STATUTORY CUSTOM OR OTHERWISE, AND USAGE OR OTHERWISE AS TO THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESSOFT- XXXX OR ANY COMPONENT THEREOF, INCLUDING ANY WARRANTIES BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES FUNCTIONS PROVIDED UNDER THIS AGREEMENT BY THE SOFTWARE WILL MEET PARTNER’SYOUR REQUIREMENTS, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF OF THE SOFTWARE WILL BE UNINTERRUPTEDFREE FROM ERRORS OR DEFECTS, SECUREEFFECTIVE OR CORRECT. FURTHERMORE, VIRUS FREENUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS FREEDOM FROM ERROR OF DEFECT, EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR ERROR FREEOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUREVA OR ITS LICENSORS OR THEIR AUTHORIZED OR PURPORTED REPRESENTATIVES SHALL CREATE A WARRANTY. Nureva and its Licensors do not warrant that any device, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, software or data will not be damaged by the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSoftware.

Appears in 1 contract

Samples: Firmware License Agreement

DISCLAIMER OF WARRANTY. You expressly agree that use of this website is at Your sole risk. Neither MB Printer, their 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 Content. The materials and Content may contain errors, omissions, inaccuracies, or outdated information. Further, MB Printer do not warrant reliability of any statement or other information displayed or distributed through the site. MB Printer reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the site. MB Printer may make any other changes to this site, the materials, Contents and the products, programs, Services, or prices (if any) described in this site at any time without notice. THIS SITE AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. MB Printer MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR OTHERWISETHE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MB Printer EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH REGARD RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS AGREEMENTSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT, AND IF, SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. Limitation of Liabilities YOU AGREE THAT MB Printer AND THEIR PROVIDERS SHALL NOT BE LIABLE FOR ANY IMPLIED WARRANTIES DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF USAGE OR RESULTING FROM YOUR POSSESSION OR USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/CONTENT, OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KINDCONTRACT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESINCLUDING, INCLUDING WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MB Printer OR ANY WARRANTIES OF MERCHANTABILITYTHEIR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, NONINFRINGEMENTINDIRECT, TITLESPECIAL, INCIDENTAL, CONSEQUENTIAL, OR FITNESS FOR A PARTICULAR PURPOSEPUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER INFORMATIONPRODUCTS, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREESERVICES, OR ERROR FREEINFORMATION OFFERED, SOLD, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx additionDISPLAYED ON THIS SITE, the Company does not provide YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MB Printer OR ANY OF THEIR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification You agree to indemnify, defend, and hold harmless MB Printer, their affiliates, agents, employees, and licensors from and against any warranties regarding (i) the accuracy and all claims and expenses, including actual attorney fees, arising out of or related in any way to Your use of the results obtained through site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. You agree to reimburse us for all actual costs, disbursements, fees and attorney fees we incur in responding to any lawful request to produce documents or testimony related to You. We reserve the right, but not the obligations, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and You agree to provide all reasonable cooperation therewith. You will not settle any claims You are indemnifying us on without our consent. Privacy Policy Click here to access MB Printer’ Privacy Policy governing the use of any information that MB Printer obtain from You through Your use of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You usethis website.

Appears in 1 contract

Samples: Terms of Use Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS APP IS LICENSED "AS-IS," "WITH ALL REPRESENTATION OR WARRANTY FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF ANY KINDUSING IT. VISUAL CROSSING CORPORATION, EXPRESSMICROSOFT, IMPLIEDINTERNET SERVICE PROVIDERS, STATUTORYWIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR OTHERWISECONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEYOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. THE SERVICES AND YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESDAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY WARRANTIES OF MERCHANTABILITYDISTRIBUTOR. This limitation applies to anything related to the App, NONINFRINGEMENTservices made available through the App, TITLEor content (including code) on third-party Internet sites; and claims for breach of contract; breach of warranty, OR FITNESS FOR A PARTICULAR PURPOSEguarantee or condition; or strict liability, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWnegligence, or other tort to the extent permitted by applicable law. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATIONIt also applies even if repair, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’Sreplacement, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, or a refund for the Company App does not provide fully compensate you for any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.losses; or

Appears in 1 contract

Samples: Office Store Standard Application License Terms

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED TO YOU BY SEEKEDGAR “AS IS” “AS AVAILABLE” AND WITH ALL FAULTSWITHOUT REPRESENTATION OR WARRANTY, AND THE COMPANY YOU ACKNOWLEDGE AND AGREE THAT SEEKEDGAR DOES NOT MAKE ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED. IN PARTICULAR, IMPLIEDTO THE EXTENT PERMITTED BY LAW, STATUTORY OR OTHERWISE, SEEKEDGAR EXCLUDES ALL EXPRESS AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE, AND THAT THE USE OF THE SERVICES 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 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 MAXIMUM EXTENT PERMITTED PROVISIONS OF THIS AGREEMENT. IN PARTICULAR, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS: (A) A WARRANTY OR REPRESENTATION BY APPLICABLE LAWSEEKEDGAR 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. THE COMPANY SEEKEDGAR DOES NOT WARRANT THAT THE SERVICES OR THE SOFTWARE IS FREE FROM MALFUNCTIONS, NOR THAT ANY OTHER INFORMATIONMALFUNCTIONS CAN OR WILL BE CORRECTED NOR THAT SEEKEDGAR WILL DEVELOP OR PROVIDE YOU WITH ANY OPERATIONS, MATERIALS CAPABILITIES OR FEATURES NOT PRESENT IN THE VERSION OF THE SERVICES PROVIDED OR THE SOFTWARE DELIVERED TO YOU UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useAGREEMENT.

Appears in 1 contract

Samples: Subscription Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY CISCO TECHNOLOGY PROVIDED UNDER THIS AGREEMENT IS PROVIDED “AS IS” AND WITHOUT SUPPORT OF ANY KIND. MEMBER ACKNOWLEDGES THAT THE CISCO TECHNOLOGY IS A PROTOTYPE THAT IS NOT COMMERCIALLY AVAILABLE, HAS NOT BEEN TESTED, HAS NOT COMPLETED SECURITY VALIDATION, AND MAY CONTAIN DEFECTS. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT CISCO TECHNOLOGY PROVIDED HEREUNDER IS NOT IN FINAL FORM OR FULLY FUNCTIONAL, MAY CONTAIN ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, AND MAY RESULT IN UNPREDICTABLE PERFORMANCE, INCLUDING LOSS OR EXPOSURE OF DATA OR OTHER DAMAGE. TO THE GREATEST EXTENT PERMITTED BY LAW, CISCO DISCLAIMS ALL WARRANTIES IN CONNECTION WITH SUCH CISCO TECHNOLOGY, INCLUDING MODIFICATIONS AND IMPROVEMENTS THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH REGARD TO THIS AGREEMENT. CISCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCETRADE PRACTICE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY CISCO DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY REPRESENT OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES ANY CISCO TECHNOLOGY DISCLOSED AS PART OF THIS PROGRAM WILL EVER BE COMMERCIALIZED OR ANY OTHER INFORMATION, MATERIALS RELEASED IN A PRODUCT OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You useSERVICE.

Appears in 1 contract

Samples: Design Community Program Agreement

DISCLAIMER OF WARRANTY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS APP IS LICENSED "AS-IS," "WITH ALL REPRESENTATION OR WARRANTY FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF ANY KINDUSING IT. THE APP PROVIDER, EXPRESSON BEHALF OF ITSELF, IMPLIEDMICROSOFT, STATUTORYWIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR OTHERWISECONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WITH REGARD TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEYOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. THE SERVICES AND YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESDAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY WARRANTIES OF MERCHANTABILITYDISTRIBUTOR. This limitation applies to • anything related to the App, NONINFRINGEMENTservices made available through the App, TITLEor content (including code) on third party Internet sites; and • claims for breach of contract; breach of warranty, OR FITNESS FOR A PARTICULAR PURPOSEguarantee or condition; or strict liability, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWnegligence, or other tort to the extent permitted by applicable law. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER INFORMATIONIt also applies even if • repair, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’Sreplacement, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE XXXXXXXXX.Xx addition, or a refund for the Company App does not provide fully compensate you for any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.losses; or

Appears in 1 contract

Samples: Office License Terms

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