Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 45 contracts

Samples: interactive.khou.com, interactive.wtsp.com, interactive.wtsp.com

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Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM DIGITAL MARKETING SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM DIGITAL MARKETING SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESANY CAMPAIGNS, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT, OR THAT ANY PARTICULAR AUDIENCES WILL BE REACHED.

Appears in 19 contracts

Samples: interactive.khou.com, interactive.whas11.com, interactive.khou.com

Disclaimer. EXCEPT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY IS” AND “AS AVAILABLE” BASIS AND ACUTRAQ AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, THE SERVICES OR THE DATA UNDERLYING THE SERVICES INCLUDING GUARANTEES OR WARRANTIES FOR ACCURACY, TIMELINESS, COMPLETENESS, AND NON-INFRINGEMENT. IN ADDITION, NEITHER ACUTRAQ NOR ITS DATA PROVIDERS SHALL BEAR ANY LIABILITY FOR ANY ERROR, OMISSION OR DEFECT IN ITS WEBSITE, THE SERVICES OR THE UNDERLYING DATA INCLUDING ANY INABILITY TO USE THE WEBSITE OR ANY LOSS OF DATA AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ARISING BY LAW OR OTHERWISE, REGARDING THESE ITEMS, THEIR PERFORMANCE OR SUITABILITY FOR CUSTOMER’S INTENDED USE, INCLUDING, WITHOUT LIMITATION ANY LIMITATION, NO IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” CUSTOMER ACKNOWLEDGES AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT AGREES THAT ANY CAMPAIGNSBACKGROUND SCREENING CRITERIA EMBODIED IN THE REPORTS HAVE BEEN DEVELOPED, ADS, DELIVERABLES ESTABLISHED BY OR OTHER MATERIAL WILL BE DISPLAYED APPROVED BY CUSTOMER AND THAT ACUTRAQ BEARS NO RESPONSIBILITY FOR ESTABLISHING OR MAKING ANY DECISIONS BASED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSUCH SCREENING CRITERIA.

Appears in 8 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, MYECHECK AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Licensee ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. Licensee FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 6 contracts

Samples: Software License and Services Agreement (Myecheck, Inc.), Software License and Services Agreement (Myecheck, Inc.), Software License and Services Agreement (Myecheck, Inc.)

Disclaimer. EXCEPT THE SOFTWARE EXTENSION AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE SOFTWARE EXTENSION AND THE DOCUMENTATION IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE FULLEST EXTENTPERMISSIBLE UNDER APPLICABLE LAW, XXXXXXXXX.XXX AND ITS AFFILIATES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES DISCLAIM ALL WARRANTIES OF ANY REPRESENTATIONS OR WARRANTIESKIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWAREEXTENSION AND THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” , AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)USAGE OF TRADE. STATION DOES NOT REPRESENT OR NEITHER XXXXXXXXX.XXX NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SOFTWARE EXTENSION OR THE DOCUMENTATION WILL MEET ANY CAMPAIGNS, ADS, DELIVERABLES REQUIREMENTS OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)NEEDS YOU MAY HAVE, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) THE SOFTWARE EXTENSION OR DOCUMENTATION WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSOPERATE ERROR FREE, OR LEADS AND THAT THE SOFTWARE EXTENSION OR DOCUMENTATION IS COMPATIBLE WITH ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTPARTICULAR OPERATING SYSTEM.

Appears in 5 contracts

Samples: Software Extension License Agreement, Software Extension License Agreement, Software Extension License Agreement

Disclaimer. EXCEPT ALL INFORMATION, MATERIALS, REVOCATION INFORMATION, DEVICE KEYS AND DEVICE CERTIFICATES ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY IS.” LICENSOR AND THE FOUNDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONINFORMATION DISCLOSURES RELATING TO THIS AGREEMENT, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER ANY ADOPTER AGREEMENT OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT ACTIVITY OF LICENSOR OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)THE FOUNDERS. STATION DOES WITHOUT LIMITING THE FOREGOING, LICENSOR AND THE FOUNDERS DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSDTCP WILL PROTECT COMMERCIAL AUDIOVISUAL CONTENT FROM UNAUTHORIZED INTERCEPTION OR THAT DTCP IS IMMUNE TO HACKING, ADSCODE-BREAKING, DELIVERABLES PIRACY OR OTHER MATERIAL EFFORTS TO CIRCUMVENT SUCH SYSTEM. LICENSOR AND THE FOUNDERS FURTHER DISCLAIM ANY WARRANTY THAT ANY IMPLEMENTATION OF THE SPECIFICATION, IN WHOLE OR IN PART, WILL BE DISPLAYED ON FREE FROM INFRINGEMENT OF ANY STATION, STATION WEBSITE THIRD PARTY’S INTELLECTUAL PROPERTY OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTPROPRIETARY RIGHTS.

Appears in 5 contracts

Samples: Content Participant Agreement, Content Participant Agreement, Content Participant Agreement

Disclaimer. XXXX.XXX SERVICES ARE PROVIDED WITHOUT SUPPORT UNLESS OTHERWISE EXPRESSLY AGREED BY US IN WRITING. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, NEITHER PARTY MAKES THE XXXX.XXX SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY REPRESENTATIONS WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE AND OUR LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER WE NOR OUR LICENSORS WARRANT THE COMPREHENSIVENESS, CORRECTNESS, OR NON- INFRINGEMENT. ALL ACCURACY OF XXXX.XXX DATA OR THAT THE XXXX.XXX SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION CURRENT OR ERROR (FREE. WE AND OUR LICENSORS MAKE NO WARRANTY WHATSOEVER ABOUT THE QUALITY, PROVENANCE OR THAT ANY ERRORS WILL BE CORRECTED)LEGALITY OF XXXX.XXX DATA, OR THAT THE SOURCES OF ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS XXXX.XXX DATA HAD OR EXPECTATIONS HAVE THE RIGHT OR BE FREE OF VIRUSES AUTHORITY TO PROVIDE SUCH DATA TO US, OR OTHER HARMFUL THAT WE HAVE THE RIGHT OR MALICIOUS CODEAUTHORITY TO PROVIDE IT TO YOU. STATION WILL NOT BE LIABLE YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY YOUR USE OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF XXXX.XXX SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 4 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTSRI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING LICENSED PATENT RIGHTS, NEITHER PARTY MAKES LICENSED KNOW-HOW, PRODUCTS OR ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIEDOTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY EXPRESS, IMPLIED WARRANTY OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF COURSE OF CONDUCT OR IN CONNECTION WITH TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY ADVERTISER CONTENT OF THE LICENSED PATENT RIGHTS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)LICENSED KNOW-HOW, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION PRODUCT WILL NOT BE LIABLE FOR INFRINGE ANY DAMAGES THIRD PARTY RIGHTS, OR LOSSES INCURRED THAT NO THIRD PARTY IS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED PATENT RIGHTS OR LICENSED KNOW-HOW COVERED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALTHIS AGREEMENT. FURTHER, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES RELATING TO WARRANTY THAT THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICKLICENSED PATENT RIGHTS OR LICENSED KNOW-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTHOW ARE SUITABLE FOR LICENSEE’S PURPOSES.

Appears in 3 contracts

Samples: License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.)

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE PLATFORM, NEITHER PARTY MAKES SERVICES AND ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL OTHER VERITONE PRODUCTS AND SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VERITONE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY OF PROCESSING RESULTS, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES OF NON-INFRINGEMENT. VERITONE DOES NOT WARRANT THAT THE PLATFORM AND SERVICES ARE ERROR-FREE, WILL RUN UNINTERRUPTED, OR THAT ALL FAULTS.” STATIONERRORS CAN OR WILL BE CORRECTED. NO ADVICE OR INFORMATION, ITS AFFILIATESWHETHER ORAL OR WRITTEN, SERVICE PROVIDERS OBTAINED BY LICENSEE FROM VERITONE SHALL CREATE ANY SUCH WARRANTY. LICENSEE HAS BEEN ADVISED AND VENDORS SHALL HAVE NO LIABILITY AGREES THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, VERITONE DOES NOT REPRESENT, WARRANT OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON COVENANT THAT IT HAS SECURED ALL NECESSARY RIGHTS WITH RESPECT TO ANY CLAIMS ARISING OUT OF PUBLIC MEDIA MONITORED AND/OR IN CONNECTION WITH RECORDED BY THE PLATFORM AND IT IS LICENSEE’S SOLE RESPONSIBILITY TO IDENTIFY, SOLICIT AND OBTAIN ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE NECESSARY RIGHTS AND APPROVALS FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTITS USE THEREOF.

Appears in 3 contracts

Samples: License Agreement, Master License Terms and Conditions, Master License Terms and Conditions

Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, MYECHECK AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNIN IERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Licensee ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. Licensee FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 3 contracts

Samples: Software License and Services Agreement (Myecheck, Inc.), Software License and Services Agreement (Myecheck, Inc.), Software License and Services Agreement (Myecheck, Inc.)

Disclaimer. EXCEPT MEMBER REWARDS TRAVEL AND MEMBER REWARDS CATALOG ARE BEING PROVIDED TO YOU "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" WITH NO WARRANTIES OR GUARANTEES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY MAKES ANY WINGS AND ENGAGE DISCLAIM ALL REPRESENTATIONS OR AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WITH RESPECT TO MEMBER REWARDS TRAVEL OR MEMBER REWARDS CATALOG, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, NONINFRINGMENT, AND IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR NON- INFRINGEMENTCOURSE OF PERFORMANCE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONNEITHER WINGS NOR ENGAGE WARRANTS, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)GUARANTEES, OR THAT MAKES ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OFFERED OR EXPECTATIONS PROVIDED BY RETAILERS IN CONJUNCTION WITH MEMBER REWARDS TRAVEL AND/OR BE FREE MEMBER REWARDS CATALOG. IN ADDITION, ALTHOUGH WINGS AND ENGAGE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL DESTRUCTIVE MATERIALS TO THE SITE, NEITHER WINGS NOR ENGAGE WARRANTS, GUARANTEES OR MALICIOUS CODEMAKES ANY REPRESENTATIONS THAT THE SITE IS OR WILL BE FREE OF SUCH DESTRUCTIVE MATERIALS. STATION IN ADDITION, NEITHER WINGS NOR ENGAGE WARRANTS OR REPRESENTS THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NEITHER WINGS NOR ENGAGE ASSUMES ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO UTILIZE YOUR POINTS TO PURCHASE MERCHANDISE THROUGH MEMBER REWARDS TRAVEL OR MEMBER REWARDS CATALOG. Limitations of Liability IN NO EVENT WILL ANY OTHER PERSON OR ENTITY BE LIABLE TO YOU FOR ANY NON-PERFORMANCE OF WINGS’ OR ENGAGE’S OBLIGATIONS. IN NO EVENT SHALL WINGS OR ENGAGE BE LIABLE TO YOU FOR, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST WINGS AND ENGAGE FOR, ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LOSSES INCURRED EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING IN CONNECTION WITH MEMBER REWARDS TRAVEL OR MEMBER REWARDS CATALOG OR YOUR USE OR INABILITY TO USE THE SITE OR MEMBER REWARDS TRAVEL OR MEMBER REWARDS CATALOG, OR THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES PROVIDED BY ADVERTISER RELATING TO THE UNAVAILABILITY RETAILERS, EVEN IF WINGS OR ENGAGE AND/OR THEIR RESPECTIVE REPRESENTATIVES ARE ADVISED OF THE BROADCAST SIGNALPOSSIBILITY OF SUCH DAMAGES, INTERNET CLAIMS, OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED LOSSES. Indemnity YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WINGS AND ENGAGE, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY CLAIM OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESDEMAND, INCLUDING WITHOUT LIMITATIONREASONABLE ATTORNEY'S FEES, THE NUMBER MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF IMPRESSIONSYOUR ACCESS TO AND USE OF MEMBER REWARDS TRAVEL AND/OR MEMBER REWARDS CATALOG, CLICK-THROUGHSYOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ENGAGE’S PRIVACY POLICY, OR LEADS AND THE INFRINGEMENT BY YOU, OR ANY PROMOTIONAL EFFECT OTHER USER OF MEMBER REWARDS TRAVEL OR RETURN ON INVESTMENTMEMBER REWARDS CATALOG USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR COMMUNICATIONS. Acts of God Neither Wings nor Engage shall be liable for damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, weather conditions, acts of God, force majeure, strikes, civil commotions, embargoes, and wars or other hostilities, whether actual, threatened or reported, and/or any other cause beyond the reasonable control of Wings and/or Engage.

Appears in 3 contracts

Samples: This Agreement, This Agreement, This Agreement

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH ABOVE, THE SERVICES, INCLUDING ALL TECHNOLOGY AND SOFTWARE USED IN THIS AGREEMENTTHE PERFORMANCE OF THE SERVICES, NEITHER PARTY MAKES ANY REPRESENTATIONS OR INCLUDING THE SYSTEM, ARE PROVIDED “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES: EXPRESS, EXPRESS OR IMPLIED, INCLUDING OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY LIMITATION, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AND NON- INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. ALL SERVICES (INCLUDING ALL DM COMPANY DOES NOT WARRANT THAT THE SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATESTHE SYSTEM, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT COMPONENT OF THEM, WILL MEET CLIENT’S REQUIREMENTS OR IN CONNECTION WITH ANY ADVERTISER CONTENT THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)ERROR FREE. STATION CLIENT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES NOT COMPANY REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL CLIENT’S GOALS FOR AN OFFERING WILL BE DISPLAYED MET, AND COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT IT WILL IDENTIFY OR RECEIVE A MINIMUM MONETARY AMOUNT OR NUMBER OF ORDERS FROM SUBSCRIBERS OR INVESTORS. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY OR ON ANY STATIONBEHALF OF CLIENT, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)A USER, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEA PROSPECTIVE SUBSCRIBER. STATION WILL COMPANY IS NOT BE LIABLE RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALSERVICE INTERRUPTIONS, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESINCLUDING, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS OR FOR ANY ERROR OR OMISSION IN THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, CONTENT OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHER DATA TRANSMITTED THROUGH THE SYSTEM.

Appears in 3 contracts

Samples: Master Services Agreement (Hylete, Inc.), Master Services Agreement, Master Services Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENTSECTION 7, NEITHER PARTY MAKES (A) OMT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIESEXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITYSTATUTORY OR OTHERWISE, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICESB) THE OMT RATS, SERA, AND ANYTHING ELSE PROVIDED BY OMT PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS,(C) OMT DISCLAIMS ANY AND “WITH ALL FAULTS.” STATIONWARRANTIES OF ANY KIND OR NATURE, ITS AFFILIATESWHETHER EXPRESS OR IMPLIED, SERVICE PROVIDERS RELATING TO PERFORMANCE, MARKETABILITY, TITLE OR OTHERWISE IN ANY RESPECT RELATED TO THE SUBJECT MATTER HEREUNDER, (D) OMT FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND VENDORS SHALL HAVE NO LIABILITY DISCLAIMS ANY EXPRESS OR RESPONSIBILITY TO ADVERTISER IMPLIED WARRANTY REGARDING INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT RIGHTS OF OR THIRD PARTIES IN CONNECTION WITH ANY ADVERTISER CONTENT THE USE OR EXPLOITATION OF THE OMT ANTIBODIES, OR THE MAKING, USING OR SELLING OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)DISTRIBUTION OF PRODUCTS BY ANY PERSON OR ENTITY. STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSLICENSEE ASSUMES THE ENTIRE RISK AND RESPONSIBILITY FOR THE SAFETY, ADSEFFICACY, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATIONPERFORMANCE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR DESIGN, MARKETABILITY, TITLE AND QUALITY OF ALL PRODUCTS. Without limiting the generality of the foregoing, OMT does not warrant (OR THAT ANY ERRORS WILL BE CORRECTED)i) the patentability of any of the OMT Antibodies or Licensed Products, OR THAT ANY SERVICES or (INCLUDING ANY DM SERVICESii) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALthe accuracy, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESsafety, INCLUDING WITHOUT LIMITATIONor usefulness for any purpose of any of the Sera, THE NUMBER OF IMPRESSIONSOMT Rats, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOMT Antibodies or Licensed Products.

Appears in 2 contracts

Samples: Antibody License Agreement (Avista Public Acquisition Corp. II), Antibody License Agreement (OmniAb, Inc.)

Disclaimer. 9.1.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY THE SERVICES, THE IMPLEMENTATION SERVICES, THE SUPPORT AND MAINTENANCE SERVICES, AND THE PROFESSIONAL SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY REPRESENTATIONS AND WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR NON- INFRINGEMENTUSAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” INNOVYZE AND “WITH ALL FAULTS.” STATIONITS SUPPLIERS, ITS AFFILIATESPARTNERS, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES LICENSORS DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR OTHER MATERIAL THEIR USE WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE ERROR-FREE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (UNINTERRUPTED OR THAT ANY ERRORS THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iii) ALL DEFICIENCIES IN THE SERVICES CAN BE FOUND OR CORRECTED); OR (iv) YOUR SYSTEMS WILL INTERFACE WITH OR CONNECT TO THE SERVICES. FURTHER, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION XXXXXXXX WILL NOT BE LIABLE FOR RESPONSIBLE FOR: (a) ANY DAMAGES LOSS OF DATA THAT IS NOT DUE TO A BREACH OF THIS AGREEMENT BY INNOVYZE; (b) YOUR INABILITY TO ACCESS OR LOSSES INCURRED BY ADVERTISER RELATING TO INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE UNAVAILABILITY OF INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE BROADCAST SIGNAL, INTERNET OR WEBSITE(STHE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; OR (c) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED GOODS OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSERVICES PROVIDED BY THIRD PARTY PROVIDERS.

Appears in 2 contracts

Samples: Terms of Service, Emagin Terms of Service

Disclaimer. EXCEPT If Client uses any Community Works posted in the TeamDynamix Community, Client does so entirely at its own risk and such Community Works are provided “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” with all faults. TEAMDYNAMIX SHALL HAVE NO DUTY OR OBLIGATION TO INVESTIGATE, NEITHER VET OR OTHERWISE APPROVE ANY COMMUNITY WORKS POSTED BY ANY USER OR ANY THIRD PARTY MAKES AND CLIENT HEREBY RELEASES TEAMDYNAMIX, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS FROM ALL LIABILITY ARISING OUT OF CLIENT’S USAGE OF ANY REPRESENTATIONS COMMUNITY WORKS AND ACKNOWLEDGES THAT TEAMDYNAMIX AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS SHALL HAVE NO OBLIGATION TO INDEMNIFY CLIENT FROM AND AGAINST ANY CLAIMS OR LIABILITY OF ANY KIND RELATED TO CLIENT’S USAGE OF THE COMMUNITY WORKS. WITH RESPECT TO COMMUNITY WORKS, TEAMDYNAMIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY STATUTORY OR OTHER, AND TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR NON- INFRINGEMENTTRADE PRACTICE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING, ITS AFFILIATESTEAMDYNAMIX MAKES NO WARRANTY OF ANY KIND THAT THE CLIENT WORKS, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'S OR ANY OTHER PERSON PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. THE FOREGOING DISCLAIMERS WITH RESPECT TO ANY CLAIMS ARISING OUT OF COMMUNITY WORKS SHALL SUPERSEDE ALL OTHER WARRANTIES PROVIDED IN THIS AGREEMENT OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHERWISE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Disclaimer. EXCEPT STI PARTICIPANT AGREES THAT ACCESS TO AND USE OF THE STI SERVICE ARE AT ITS OWN RISK. NEITHER POLICY ADMINISTRATOR, XXXX NOR EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STI SERVICE OR AS TO THE ACCURACY, NEITHER PARTY MAKES ANY RELIABILITY, OR CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NEITHER POLICY ADMINISTRATOR NOR XXXX MAKES, AND EACH HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATED TO SPC TOKENS, THE SERVICE OR THE EFFECTIVENESS OF THE SHAKEN/STIR PROGRAM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. STI PARTICIPANT AGREES THAT IT HAS NOT RECEIVED, AND THAT IT WAIVES AND WILL NOT MAKE ANY CLAIM AGAINST POLICY ADMINISTRATOR, ATIS OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONITS MEMBERS, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT SUCCESSOR TO XXXX, BASED UPON, ANY CLAIMS ARISING OUT PURPORTED WARRANTY FROM ATIS OR ITS MEMBERS, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATED TO THE ATIS SPECIFICATIONS OR THE EFFECTIVENESS OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE SHAKEN/STIR PROGRAM, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS IMPLIED WARRANTY OF MERCHANTABILITY OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FITNESS FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTA PARTICULAR PURPOSE.

Appears in 2 contracts

Samples: Please Read, Please Read

Disclaimer. EXCEPT YOUR USE OF THE SITE IS AT YOUR OWN RISK. ANY SERVICE OR INFORMATION PROVIDED BY THE SITE IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND WITHOUT WARRANTIES OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATIONS EITHER EXPRESSED OR IMPLIED. THE NURTURED NEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON- NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION THE NURTURED NEST DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSFUNCTION, ADSCONTENT, DELIVERABLES OR OTHER MATERIAL INFORMATION CONTAINED ON THIS SITE OR ANY SERVICE WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THE SITE OR EXPECTATIONS OR BE THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NURTURED NEST DOES NOT WARRANT OR MALICIOUS CODEMAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. STATION YOU ACKNOWLEDGE THAT THE CONTENT MAY INCLUDE TECHNICAL AND EDUCATIONAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE NURTURED NEST MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE OR SERVICES AT ANY TIME BUT SHALL NOT BE REQUIRED TO DO SO. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, ANY SERVICE, OR ITS CONTENT. THE NURTURED NEST MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE NURTURED NEST SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT NOR SHALL IT BE RELIED UPON BY YOU. ALL INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY. IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH PROFESSIONALS FOR YOUR SPECIFIC NEEDS. Limitation of Liability BY YOUR USE OF THE SITE AND SERVICES YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE NURTURED NEST, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INLCUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR LOSSES INCURRED BY ADVERTISER RELATING THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY REALTING TO THE UNAVAILABILITY SITE OR SERVICES, YOUR SITE USE OR USE OF THE BROADCAST SIGNALSERVICES, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED THE CONTENT, EVEN IF THE NURTURED NEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR PUBLISHEDTHE NURTURED NEST WAS NEGLIGENT. STATION MAKES YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, AND SERVICES IT PROVIDES IS TO CEASE ALL OF YOUR SITE USE OR USE OF SERVICES UNLESS SUCH LIMITATION IS HELD INVALID, ILLEGAL, OR UNENFORCEABLE, THEN, IN NO REPRESENTATIONS EVENT, WILL THE COLLECTIVE LIABILITY TO YOU OR WARRANTIES RELATING ANY THIRD PARTY OF THE NURTURED NEST AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO THE RESULTS NURTURED NEST FOR USE OF THE SITE OR ANY SERVICE IT PROVIDES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATIONOR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THRID PARTY IN CONNECTION THEREWITH, THE NUMBER OF IMPRESSIONSYOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, CLICK-THROUGHSDEMAND, OR LEADS AND FILE ANY PROMOTIONAL EFFECT LEGAL ACTION OR RETURN ON INVESTMENTINSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATITVES, SERVICE PROVIDERS, OR CONTENT PROVIDERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED. Digital Millennium Copyright Act Enforcement Information and Procedures If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work that you claim has been infringed; A description where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate ad that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Nurtured Nest’s Copyright Agent for notice of claims of copyright infringement on the Site is Xxxxxxx Xxxx who can be reached as follows: By Mail: 0000 Xxxx Xxxx Xxxxx, Xxxxx Xxxxxxx, XX 00000 By Phone: (000) 000-0000 By E-Mail: Xxxxxxx@xxxxxxxxxxxx.xxx Refunds No refunds of any type, whether partial or full, will be issued on Services except as otherwise agreed in a separate written and signed service agreement between you and The Nurtured Nest.

Appears in 1 contract

Samples: Terms and Conditions of Use Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPARTNER ACKNOWLEDGES THAT SHR, NEITHER PARTY MAKES ANY ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE TREATS PROGRAM, SERVICES, SOFTWARE OR ANY PRIZES. THE TREATS PROGRAM, SERVICES, SOFTWARE AND PRIZES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. SHR, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING, SHR, ITS AFFILIATES, SERVICE PROVIDERS AFFILIATES AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES THEIR RESPECTIVE SUPPLIERS DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE TREATS PROGRAM OR THE SERVICES IS ACCURATE, ADSRELIABLE OR CORRECT; THAT THE SERVICES WILL MEET PARTNER’S REQUIREMENTS; THAT THE TREATS PROGRAM, DELIVERABLES SERVICES OR OTHER MATERIAL SOFTWARE WILL BE DISPLAYED ON AVAILABLE AT ANY STATIONPARTICULAR TIME OR LOCATION, STATION WEBSITE THAT THE TREATS PROGRAM, SERVICES OR DIGITAL PLATFORM WITHOUT INTERRUPTION SOFTWARE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR ERROR (OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED), ; OR THAT ANY THE TREATS PROGRAM, SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR MALICIOUS CODE. STATION WILL NOT BE LIABLE OTHERWISE OBTAINED THROUGH THE USE OF THE TREATS PROGRAM OR THE SERVICES IS DOWNLOADED AT PARTNER’S OWN RISK – PARTNER IS SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO ITS PROPERTY OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LOSS OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE DATA THAT RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTFROM SUCH DOWNLOAD.

Appears in 1 contract

Samples: Treats Celebrate Partner Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIESTHE WEBSITE, EXPRESS OR IMPLIEDAPPLICATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL AND SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS,” AND MAKEENA MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH ALL FAULTS.” STATIONRESPECT TO THE USE, ITS AFFILIATESMISUSE, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY INABILITY TO ADVERTISER USE THE WEBSITE, APPLICATION, SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PERSON WITH RESPECT PRODUCTS OR SERVICES PROVIDED TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)CUSTOMER BY MAKEENA. STATION MAKEENA DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ALL ERRORS WILL CAN BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OPERATION OF THE BROADCAST SIGNALSOFTWARE AND SERVICES SHALL BE UNINTERRUPTED, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSSECURE, OR LEADS ERROR-FREE. SOME STATES AND ANY PROMOTIONAL EFFECT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR RETURN CONDITIONS OR LIMITATIONS ON INVESTMENTHOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

Appears in 1 contract

Samples: Makeena Brand Terms of Use and Agreement

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN THIS AGREEMENTHEREIN, NEITHER PARTY ALL SERVICES, SOFTWARE AND OTHER OKTA MATERIALS PROVIDED BY OKTA ARE PROVIDED TO CUSTOMER “AS-IS” AND OKTA MAKES ANY NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, ORAL OR WARRANTIESWRITTEN, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, OR NON- INFRINGEMENTARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION OKTA DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE SERVICES WILL BE DISPLAYED ON DELIVERED FREE OF ANY STATIONINTERRUPTIONS, STATION WEBSITE DELAYS, OMISSIONS OR DIGITAL PLATFORM WITHOUT INTERRUPTION ERRORS OR ERROR (OR THAT IN A SECURE MANNER. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OKTA IS NOT RESPONSIBLE FOR ANY ERRORS WILL BE CORRECTED)DELAYS, DELIVERY FAILURES, OR THAT ANY LOSS OF DATA OR DAMAGES RESULTING THEREFROM. THE SERVICES (INCLUDING ANY DM MAY CONTAIN INDEPENDENT THIRD PARTY PRODUCTS AND RELY ON THEM TO PERFORM CERTAIN FUNCTIONALITY IN CONNECTION WITH THE SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING OKTA MAKES NO WARRANTY AS TO THE UNAVAILABILITY OPERATION OF ANY THIRD PARTY PRODUCTS OR THE BROADCAST SIGNAL, INTERNET ACCURACY OF ANY THIRD PARTY INFORMATION. NO ORAL OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED WRITTEN INFORMATION OR PUBLISHED. STATION MAKES NO REPRESENTATIONS ADVICE GIVEN BY OKTA OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTY.

Appears in 1 contract

Samples: www.okta.com

Disclaimer. EXCEPT ALL LICENSED SOFTWARE, ALL DATA, DOCUMENTATION AND OTHER PRODUCTS, INFORMATION, MATERIALS AND SERVICES PROVIDED BY LICENSOR ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR IS.” LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING WITHOUT LIMITATION ANY ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, TITLE AND NON-INFRINGEMENT. ALL SERVICES WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE LICENSED SOFTWARE, DATA, OR DOCUMENTATION, OR ANY OTHER LICENSOR OR THIRD-PARTY GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE OR HARDWARE), OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET LICENSEE’S OR OTHER PERSONS’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE, HARDWARE, SYSTEM OR NETWORK) EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL DM SERVICES) OPEN-SOURCE COMPONENTS AND OTHER THIRD- PARTY MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN LICENSEE AND VENDORS SHALL HAVE NO LIABILITY THE THIRD-PARTY OWNER OR RESPONSIBILITY TO ADVERTISER DISTRIBUTOR OF SUCH OPEN-SOURCE COMPONENTS AND THIRD-PARTY MATERIALS. LICENSEE HEREBY AGREES THAT LICENSOR DOES NOT MONITOR THE LICENSED SOFTWARE OR ANY OTHER PERSON WITH RESPECT DATA AND THEREFORE IS NOT SUBJECT TO ANY CLAIMS ARISING OUT OF REPORTING REQUIREMENTS PURSUANT TO TEXAS FAMILY CODE § 261.101, ET. AL. IF LICENSEE BECOMES AWARE OR IN CONNECTION WITH HAS “CAUSE TO BELIEVE” THAT A CHILD'S PHYSICAL OR MENTAL HEALTH HAS BEEN AFFECTED BY ABUSE OR NEGLECT BY ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSPERSON, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING LICENSEE SHALL IMMEDIATELY MAKE A REPORT TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTLEGAL AUTHORITIES.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 6, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY LIMITATION, ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR NON- INFRINGEMENTCOURSE OF PERFORMANCE. ALL SERVICES (COMPANY IS NOT RESPONSIBLE FOR ERRONEOUS DATA INTRODUCED BY CUSTOMER OR THIRD PARTIES, AND CUSTOMER ACKNOWLEDGES AND AGREES THAT ERRORS ORIGINATING FROM CUSTOMER FROM THIRD-PARTY DATA SHALL NOT BE CONSIDERED BREACHES OF COMPANY’S WARRANTY OBLIGATIONS. ANY CONTENT, INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” PROVIDER DIRECTORIES, AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON DATA OR INFORMATION THAT CUSTOMER OBTAINS THROUGH THE SERVICES IS FOR INFORMATIONAL AND GENERAL REFERENCE PURPOSES ONLY. COMPANY DOES NOT PROVIDE ANY ADVICE OR QUALIFICATION CERTIFICATION WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)INDIVIDUAL HEALTHCARE PROVIDER. STATION COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR OTHER MATERIAL THAT THE OPERATION OF THE PLATFORM WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ALL ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: Kudzu Customer Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCUREMD MAKES NO WARRANTIES REGARDING THE PROGRAMS AND SERVICES, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USABILITY, CONDITION OR NON- INFRINGEMENTOPERATION THEREOF, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, CURRENCY, USEFULNESS, SECURITY, LEGALITY, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, AND LICENSEE WARRANTS THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, OR STATEMENTS OF FACT NOT SPECIFICALLY INCLUDED IN THIS AGREEMENT. ALL CUREMD DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. LICENSEE ACKNOWLEDGES THAT THE PROGRAMS AND SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION‘AS AVAILABLE’. CUREMD SHALL NOT BE LIABLE FOR UNFORESEEN EFFECTS ARISING FROM THE INSTALLATION OR USE OF CUREMD’S SOFTWARE ON LICENSEE’S COMPUTER OR DEVICE. CUREMD, OR ITS AFFILIATESTHIRD PARTY SERVICE PROVIDERS, SERVICE PROVIDERS DO NOT WARRANT THAT THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FAULT-FREE, AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER FREE OF VIRUSES OR ANY OTHER PERSON WITH RESPECT MALICIOUS CODE OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL CUREMD, OR ITS THIRD PARTY SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF USE, OR ANY OTHER FINANCIAL CLAIM FOR DAMAGES, HARDSHIP, OR FAILURE OF DELIVERY, THE COST OF DELAY, PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES, ALTERATION, THEFT, DESTRUCTION OR CORRUPTION OF DATA, ANY INABILITY TO RECORD, ACCESS OR RESTORE DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, OR THE USE OF PROGRAMS OR SERVICES OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, OR COST OF COVER SUFFERED BY THE LICENSEE OR BY ANY CLAIMS THIRD PARTY, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CUREMD ASSUMES NO LIABILITY FOR THE CONSEQUENCES TO THE LICENSEE ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LICENSEE’S USE OF THE BROADCAST SIGNAL, INTERNET PROGRAMS OR WEBSITE(S) SERVICES. THE LICENSEE ACKNOWLEDGES THAT CUREMD HAS NO CONTROL OF OR RESPONSIBILITY FOR THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES OR THE CONTENT PROVIDED THEREON AND HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THE SERVICE BY THE LICENSEE TO THE RESULTS SERVICE. CUREMD DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: License and Services Agreement

Disclaimer. EXCEPT 14.1 THE WEBSITE IS ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY IS" BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- AND NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” THE WEBSITE AND “WITH ALL FAULTS.” STATIONITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, ITS AFFILIATESTEXT, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT GRAPHICS, LINKS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)ITEMS CONTAINED WITHIN THE WEBSITE. STATION THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT REPRESENT WARRANT OR WARRANT COVENANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE SERVICES WILL BE DISPLAYED ON AVAILABLE AT ANY STATIONTIME OR FROM ANY PARTICULAR LOCATION, STATION WEBSITE WILL BE SECURE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR ERROR- FREE, THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY THE SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR MALICIOUS CODE. STATION CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL NOT BE LIABLE SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO YOUR COMPUTER SYSTEM OR LOSSES INCURRED LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER RELATING TO ANY USER FROM THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATIONWEBSITE, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, WEBSITE OR LEADS AND THROUGH OR FROM THE SERVICES SHALL CREATE ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTY NOT EXPRESSLY STATED HEREIN.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH REPRESENTED OR WARRANTED IN THIS AGREEMENTSECTION 7, NEITHER PARTY MAKES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION SERVICES, THE DOCUMENTATION, AND ALL SERVICES PERFORMED BY PROVIDER ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS OR AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR NON- INFRINGEMENTDATA ACCURACY. ALL PROVIDER DOES NOT WARRANT THAT THE APPLICATION SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT SERVICES PROVIDED BY PROVIDER WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE APPLICATION SERVICE WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ALL ERRORS WILL BE CORRECTED). PROVIDER’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. NEITHER PROVIDER, NOR ITS THIRD-PARTY HOSTING SERVICE OR SOFTWARE PROVIDERS, SHALL HAVE ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR EXPECTATIONS TIMELINESS OF THE CLIENT DATA, OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES DECISION MADE OR LOSSES INCURRED ACTION TAKEN BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND CLIENT IN RELIANCE UPON ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTCLIENT DATA.

Appears in 1 contract

Samples: agenda.wilco.org

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIESEXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY IMPLIED WARRANTY PATENTS OR KNOW-HOW, INCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE USE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” PURPOSE, PERFORMANCE AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR NON-INFRINGEMENT OF ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT THIRD PARTY PATENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)INTELLECTUAL PROPERTY RIGHT. STATION DOES NOT REPRESENT WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT THE MILESTONE EVENTS, SALES MILESTONE EVENTS AND NET SALES LEVELS SET FORTH IN THIS AGREEMENT OR WARRANT THAT HAVE OTHERWISE BEEN DISCUSSED BY THE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS, SALES MILESTONE PAYMENTS AND ROYALTY OBLIGATIONS IF SUCH MILESTONE EVENTS, SALES MILESTONE EVENTS OR NET SALES LEVELS ARE ACHIEVED. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT IT WILL BE ABLE TO SUCCESSFULLY ADVANCE ANY DEGRADER PRODUCT OR DEVELOP, MANUFACTURE OR COMMERCIALIZE ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY CAMPAIGNS, ADS, DELIVERABLES PARTICULAR SALES LEVEL OR OTHER MATERIAL PROFIT OF SUCH LICENSED PRODUCT WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTACHIEVED.

Appears in 1 contract

Samples: Collaboration, Option and License Agreement (Nurix Therapeutics, Inc.)

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL WITH RESPECT TO THE SERVICES (INCLUDING ALL DM SERVICESOR ANY PART THEREOF), ANY OTHER PRODUCTS AND SERVICES PROVIDED BY ECOBEE TO YOU, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THEREOF, (A) THEY ARE PROVIDED AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE”; AND (B) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) RELATING TO THEM, (I) INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, AVAILABILITY, ACCESSIBILITY, UNINTERRUPTED USE, RELIABILITY, OR SECURITY; (II) THAT THEY WILL MEET ANY REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, DATA BREACH OR DATA LOSS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WORK WITH ANY ADVERTISER CONTENT SOFTWARE, SYSTEM, HARDWARE OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT SERVICES, OR WARRANT THAT ANY CAMPAIGNSBE SECURE, ADSFREE OF HARMFUL CODE, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR FREE; OR (OR THAT III) ANY ERRORS CAN OR WILL BE CORRECTED). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECOBEE WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE. ECOBEE IS NOT AN INSURANCE PROVIDER AND THE SERVICES DO NOT PROVIDE INSURANCE COVERAGE AGAINST LOSS. ECOBEE MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE DEVICES OR SERVICE MAY NOT BE COMPROMISED OR CIRCUMVENTED, (2) THE DEVICES OR SERVICE WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE DEVICES OR SERVICE WILL PROVIDE ADEQUATE WARNING OR PROTECTION. ECOBEE’S DEVICES AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A PROPERLY INSTALLED AND MAINTAINED ALARM MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY OR OTHER EVENTS OCCURRING WITHOUT PROVIDING AN ALARM, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE EQUIPMENT AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. IF SUCH AN EVENT OCCURS. YOU AGREE THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ECOBEE. BY USING THE DEVICES AND/OR SERVICES, YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO XXX OR BRING ANY SERVICES (INCLUDING CLAIM OF ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS TYPE AGAINST ECOBEE FOR LOSS, DAMAGE OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR INJURY RELATING IN ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING WAY TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET DEVICES OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSERVICES PROVIDED BY ECOBEE.

Appears in 1 contract

Samples: Ecobee Smart Security Service Agreement

Disclaimer. EXCEPT THE WEBSITE AND ALL PARTS THEREOF ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER EXPRESSLY SET FORTH IN THIS AGREEMENTUNDERSTANDS AND AGREES THAT USER’S ACCESS TO, NEITHER PARTY AND USE OF, THE WEBSITE IS AT USER’S OWN RISK. ENDANGERED LABS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. PURCHASER AND SUBSEQUENT PURCHASER EXPRESSLY UNDERSTAND AND AGREE THAT REGENESIS NFTS ARE BUILT ON THE ETHERIUM NETWORK AND ENDANGERED LABS HAS NO ABILITY TO UNDO, REVERSE, OR RESTORE ANY REPRESENTATIONS TRANSACTIONS INVOLVING REGENESIS NFTS, AND THAT PURCHASE AND USE OF REGENESIS NFTS ARE AT PURCHASER’S, OR WARRANTIESSUBSEQUENT PURCHASER’S, OWN RISK, AND THAT ENDANGERED LABS HAS NO CONTROL OVER, AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO, SMART CONTRACTS ON THE ETHEREUM NETWORK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ENDANGERED LABS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT. ENDANGERED LABS ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL SERVICES RESPONSIBILITY AND LIABILITY FOR: (INCLUDING ALL DM SERVICESA) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE WEBSITE AND REGENESIS NFTS; (B) THE OPERATION OR COMPATIBILITY OF THE REGENESIS NFTS WITH ANY SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE REGENSIS NFT. ENDANGERED LABS ENTITIES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY NOT RESPONSIBLE FOR LOSSES DUE TO ADVERTISER BLOCKCHAINS OR ANY OTHER PERSON WITH RESPECT FEATURES OF THE FLOW NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ARISING OUT OF LATE REPORT BY DEVELOPERS OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR REPRESENTATIVES (OR THAT NO REPORT AT ALL) OF ANY ERRORS WILL BE CORRECTED)ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FLOW NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT, OR FLUCATIONS IN THE PRICE OF ETHER, OR ANY GOVERNMENT REGULATIONS THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS AFFECT ETHEREUM OR EXPECTATIONS OR BE FREE THE CRYPTOCURRENCY MARKET. REGENESIS NFTS ARE NOT A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL1933, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATIONAS AMENDED, THE NUMBER SECURITIES EXCHANGE ACT OF IMPRESSIONS1934, CLICK-THROUGHSAS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR LEADS AND UNDER THE SECURITIES LAWS OF ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTU.S. STATE.

Appears in 1 contract

Samples: Regenesis NFT Terms and Conditions Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL THE ESSENTIALS SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED OFFERED ON AN “AS IS” AND “WITH "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX.XX EXPRESSLY DISCLAIMS, ALL FAULTS.” STATIONWARRANTIES OF ANY KIND, ITS AFFILIATESWHETHER EXPRESS, SERVICE PROVIDERS IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND VENDORS SHALL HAVE FITNESS FOR A PARTICULAR PURPOSE. XXXXXX.XX MAKES NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT WARRANTY THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE ESSENTIALS SERVICES WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION TIMELY, SECURE, OR ERROR (OR FREE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ERRORS USE OF THE ESSENTIALS SERVICES AT THE CUSTOMER'S AND USERS’ SOLE RISK. UNDER NO CIRCUMSTANCES WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT XXXXXX.XX BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER FAILURE OF IMPRESSIONS, CLICKANY SUCH THIRD-THROUGHSPARTY SERVICES, OR LEADS AND ACTIVITIES OF THIRD PARTIES, OR ANY PROMOTIONAL EFFECT CONNECTION TO OR RETURN ON INVESTMENTTRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XXXXXX.XX OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: tcs.falcon.io

Disclaimer. EXCEPT THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR NON- INFRINGEMENTOTHER LIMITATIONS. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR SERVICE. IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES PARTICULAR, BUT NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSAS A LIMITATION, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL WE ARE NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE BROADCAST SIGNALPOSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, INTERNET WHETHER ORAL OR WEBSITE(S) WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTIT IS LINKED.

Appears in 1 contract

Samples: cdn.ymaws.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE NODE SOFTWARE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIEDTHE MAINNET TRANSITION PROGRAM AND XX NETWORK, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITYTHIRD-PARTY CODE, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTSAS AVAILABLE.” STATIONCOMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, ITS AFFILIATESEXPRESS OR IMPLIED, SERVICE PROVIDERS STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND VENDORS SHALL HAVE QUIET ENJOYMENT. COMPANY MAKES NO LIABILITY WARRANTY THAT THE NODE SOFTWARE, THE MAINNET TRANSITION PROGRAM OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL XX NETWORK WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED, STATION WEBSITE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, VIRUS FREE, OR DIGITAL PLATFORM WITHOUT INTERRUPTION FREE OF MALICIOUS CODE OR ERROR (HARMFUL COMPONENTS, OR THAT ANY ERRORS DEFECTS WILL BE CORRECTED). COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR THAT ADOPT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS MATERIALS, CONTENT, MESSAGES OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION COMMUNICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES RELATING OF ANY KIND REGARDING THE SAME. COMPANY HAS NO OBLIGATION TO THE RESULTS OF SERVICESSCREEN, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSMONITOR, OR LEADS EDIT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY PROMOTIONAL EFFECT MATERIALS, CONTENT, MESSAGES OR RETURN ON INVESTMENTCOMMUNICATIONS. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Participant Terms And

Disclaimer. EXCEPT YOUR USE OF THIS APP/WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND WITHOUT WARRANTIES OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATIONS EITHER EXPRESSED OR IMPLIED. iWill ADVOCATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION iWill ADVOCATES DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES FUNCTION OR OTHER MATERIAL CONTENT CONTAINED ON THIS WEBSITE/APP OR ANY SERVICE WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THIS SITE OR EXPECTATIONS OR BE THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iWill ADVOCATES DOES NOT WARRANT OR MALICIOUS CODEMAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. STATION THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND iWill ADVOCATES MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. iWill ADVOCATES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT BE LIABLE INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO CONTENT ON THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWEBSITE.

Appears in 1 contract

Samples: Terms and Conditions of Use

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY DREAMTECH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SDK OR THE DOCUMENTATION OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. THE SDK AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE SDK AND THE DOCUMENTATION IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DREAMTECH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SDK AND THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” , AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)USAGE OF TRADE. STATION DOES NOT REPRESENT OR NEITHER DREAMTECH NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SDK OR THE DOCUMENTATION WILL MEET ANY CAMPAIGNS, ADS, DELIVERABLES REQUIREMENTS OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)NEEDS YOU MAY HAVE, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) THE SDK OR DOCUMENTATION WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSOPERATE ERROR FREE, OR LEADS AND THAT THE SDK OR DOCUMENTATION IS COMPATIBLE WITH ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTPARTICULAR OPERATING SYSTEM.

Appears in 1 contract

Samples: SDK License Agreement

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY IN SECTION 12.1 ABOVE, THE PRODUCTS, SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY OTHER WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARQIT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SERVICE PROVIDERS, EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND/OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR NON- INFRINGEMENTTRADE PRACTICE. ALL WITHOUT LIMITATION TO THE FOREGOING, ARQIT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS, DOCUMENTATION OR SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WILL MEET THE RESELLER’S OR END USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY CLAIMS ARISING OUT OF PERFORMANCE OR IN CONNECTION WITH ANY ADVERTISER CONTENT RELIABILITY STANDARDS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSBE ERROR FREE, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: Reseller Agreement

Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, MYECHECK AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GREENPAY ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. GREENPAY FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: Software License and Services Agreement (Myecheck, Inc.)

Disclaimer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES xxxxxxxx.xx AND ITS LICENSORS MAKE NO, AND HEREBY DISCLAIM ALL, WARRANTIES, UNDERTAKINGS, REPRESENTATIONS, TERMS AND CONDITIONS OF ANY REPRESENTATIONS OR WARRANTIESKIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BY STATUTE, COMMON LAW OR OTHERWISE, IN REGARD TO THE SERVICES, THE LICENSED DATA, ANY OTHER xxxxxxxx.xx PROPERTY AND/OR THE USE OR AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR NON- INFRINGEMENTTRADE PRACTICE. ALL WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, xxxxxxxx.xx AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTY THAT (I) THE SOFTWARE SERVICES WILL OPERATE IN AN ERROR FREE, SECURE OR UNINTERRUPTED MANNER; (INCLUDING ALL DM SERVICESII) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, THE SOFTWARE SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL SERVER(S) HOSTING THE SOFTWARE SERVICE WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (III) ERRORS OR MALICIOUS CODE. STATION DEFECTS IN THE SERVICES OR THE LICENSED DATA WILL NOT BE LIABLE FOR ANY DAMAGES CORRECTED; (IV) THE SERVICES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF LICENSED DATA WILL BE CURRENT, ACCURATE OR COMPLETE; OR (V) THE BROADCAST SIGNAL, INTERNET SERVICES OR WEBSITE(S) ON WHICH ADVERTISERTHE LICENSED DATA WILL MEET CUSTOMER’S ADVERTISEMENTS ARE AIRED REQUIREMENTS OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTEXPECTATIONS.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTALL EA SERVICES, NEITHER PARTY SOFTWARE AND OTHER OKTA MATERIALS PROVIDED BY OKTA ARE PROVIDED TO CUSTOMER “AS-IS” AND OKTA MAKES ANY NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, ORAL OR WARRANTIESWRITTEN, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, OR NON- INFRINGEMENTARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION OKTA DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE EA SERVICES WILL BE DISPLAYED ON DELIVERED FREE OF ANY STATIONINTERRUPTIONS, STATION WEBSITE DELAYS, OMISSIONS OR DIGITAL PLATFORM WITHOUT INTERRUPTION ERRORS OR ERROR (OR THAT IN A SECURE MANNER. THE EA SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OKTA IS NOT RESPONSIBLE FOR ANY ERRORS WILL BE CORRECTED)DELAYS, DELIVERY FAILURES, OR THAT ANY LOSS OF DATA OR DAMAGES RESULTING THEREFROM. THE EA SERVICES (INCLUDING ANY DM MAY CONTAIN INDEPENDENT THIRD PARTY PRODUCTS AND RELY ON THEM TO PERFORM CERTAIN FUNCTIONALITY IN CONNECTION WITH THE EA SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING OKTA MAKES NO WARRANTY AS TO THE UNAVAILABILITY OPERATION OF ANY THIRD PARTY PRODUCTS OR THE BROADCAST SIGNAL, INTERNET ACCURACY OF ANY THIRD PARTY INFORMATION. NO ORAL OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED WRITTEN INFORMATION OR PUBLISHED. STATION MAKES NO REPRESENTATIONS ADVICE GIVEN BY OKTA OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTY.

Appears in 1 contract

Samples: www.okta.com

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH ABOVE, THE SERVICES, INCLUDING ALL TECHNOLOGY AND SOFTWARE USED IN THIS AGREEMENTTHE PERFORMANCE OF THE SERVICES, NEITHER PARTY MAKES ANY REPRESENTATIONS OR INCLUDING THE SYSTEM, ARE PROVIDED “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AND NON- INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. ALL COMPANY DOES NOT WARRANT THAT THE SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER THE SYSTEM OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT COMPONENT THEREOF), WILL MEET THE REQUIREMENTS OF CLIENT OR IN CONNECTION WITH ANY ADVERTISER CONTENT THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)ERROR FREE. STATION CLIENT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES NOT COMPANY REPRESENT OR WARRANT THAT CLIENT’S GOALS FOR AN OFFERING WILL BE MET, AND COMPANY EXPRESSLY DISCLAIMS ANY CAMPAIGNSREPRESENTATION OR WARRANTY THAT IT WILL IDENTIFY OR RECEIVE ANY MINIMUM MONETARY AMOUNT OR NUMBER OF ORDERS FROM SUBSCRIBERS OR INVESTORS. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY OR ON BEHALF OF CLIENT, ADSA USER, DELIVERABLES OR A PROSPECTIVE SUBSCRIBER. EXCEPT AS SET FORTH IN THE SERVICE LEVEL AGREEMENT FOR THE SYSTEM, COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION POWER OUTAGES, SYSTEM FAILURES OR OTHER MATERIAL WILL BE DISPLAYED ON INTERRUPTIONS OR FOR ANY STATION, STATION WEBSITE ERROR OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OMISSION IN THE CONTENT OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO DATA TRANSMITTED THROUGH THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSYSTEM.

Appears in 1 contract

Samples: Master Services Agreement Deal Sheet (Hylete)

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPARTNER ACKNOWLEDGES THAT SHR, NEITHER PARTY MAKES ANY ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE Surprise Platform, SERVICES, SOFTWARE OR ANY PRIZES. THE Surprise Platform, SERVICES, SOFTWARE AND PRIZES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. SHR, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING, SHR, ITS AFFILIATES, SERVICE PROVIDERS AFFILIATES AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES THEIR RESPECTIVE SUPPLIERS DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE Surprise Platform OR THE SERVICES IS ACCURATE, ADSRELIABLE OR CORRECT; THAT THE SERVICES WILL MEET PARTNER’S REQUIREMENTS; THAT THE Surprise Platform, DELIVERABLES SERVICES OR OTHER MATERIAL SOFTWARE WILL BE DISPLAYED ON AVAILABLE AT ANY STATIONPARTICULAR TIME OR LOCATION, STATION WEBSITE THAT THE Surprise Platform, SERVICES OR DIGITAL PLATFORM WITHOUT INTERRUPTION SOFTWARE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR ERROR (OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED), ; OR THAT ANY THE Surprise Platform, SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR MALICIOUS CODE. STATION WILL NOT BE LIABLE OTHERWISE OBTAINED THROUGH THE USE OF THE Surprise Platform OR THE SERVICES IS DOWNLOADED AT PARTNER’S OWN RISK – PARTNER IS SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO ITS PROPERTY OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LOSS OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE DATA THAT RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTFROM SUCH DOWNLOAD.

Appears in 1 contract

Samples: Surprise Hr Partner Agreement

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Disclaimer. EXCEPT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY ALL IMPLIED WARRANTY CONDITIONS AND WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE, QUIET POSSESSION AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, THE LICENSOR PROVIDES NO CONDITION, WARRANTY, OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY CLAIMS ARISING OUT OF PERFORMANCE OR IN CONNECTION WITH ANY ADVERTISER CONTENT RELIABILITY STANDARDS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.CORRECTED.‌

Appears in 1 contract

Samples: Software Licence Agreement

Disclaimer. EXCEPT 14.1 THE WEBSITE IS ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY IS" BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- AND NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” THE WEBSITE AND “WITH ALL FAULTS.” STATIONITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, ITS AFFILIATESTEXT, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT GRAPHICS, LINKS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)ITEMS CONTAINED WITHIN THE WEBSITE. STATION THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT REPRESENT WARRANT OR WARRANT COVENANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE SERVICES WILL BE DISPLAYED ON AVAILABLE AT ANY STATIONTIME OR FROM ANY PARTICULAR LOCATION, STATION WEBSITE WILL BE SECURE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR ERROR-FREE, THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY THE SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR MALICIOUS CODE. STATION CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL NOT BE LIABLE SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO YOUR COMPUTER SYSTEM OR LOSSES INCURRED LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER RELATING TO ANY USER FROM THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATIONWEBSITE, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, WEBSITE OR LEADS AND THROUGH OR FROM THE SERVICES SHALL CREATE ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTY NOT EXPRESSLY STATED HEREIN.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: interactive.khou.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTDILIGENT AND ANY THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, NEITHER PARTY MAKES ANY REPRESENTATIONS CONDITIONS OR WARRANTIESWARRANTIES REGARDING THE COMPLETENESS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITYVERACITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENTACCURACY OF THE CONTENT SERVICES OR ANY COMPONENT THEREOF, OR FOR ANY DELAYS, INTERRUPTIONS OR OMISSIONS. THE CONTENT SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CONTENT SERVICES SHOULD NOT BE DEEMED TO SET FORTH ALL APPROPRIATE PROCEDURES, TESTS OR CONTROLS OR TO SUGGEST THAT OTHER PROCEDURES, TESTS OR CONTROLS THAT ARE NOT INCLUDED MAY NOT BE APPROPRIATE. CLIENT AND ITS USERS ARE RESPONSIBLE FOR APPLYING PROFESSIONAL JUDGEMENT AND APPROPRIATE PROCEDURES, TESTS OR CONTROLS. THE CONTENT SERVICES (INCLUDING ALL DM SERVICES) AND ANY COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” AND “WITH AS AVAILABLE” BASIS, AND CLIENT’S USE OF THE CONTENT SERVICES IS AT CLIENT’S OWN RISK. DILIGENT AND ANY THIRD-PARTY PROVIDERS ARE NOT LIABLE FOR THE DATA, DATA STRUCTURE, METADATA, METRICS, CHARTS, GRAPHS, LITERATURE, OR OTHER CONTENT IN ANY FORM AND ANY DERIVATIVES THEREOF, (INCLUDING, WHERE APPLICABLE, ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY UPDATES TO ADVERTISER THE FOREGOING) IN EACH CASE INCLUDED IN THE CONTENT SERVICES OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF DECISION OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED CONSEQUENCE BASED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY USE OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTFOREGOING.

Appears in 1 contract

Samples: General Terms and Conditions

Disclaimer. EXCEPT THE SERVICES AND THE SITE ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY FUTUREDONTICS MAKES ANY REPRESENTATIONS OR NO REPRESENTATIONS, WARRANTIES, EXPRESS GUARANTIES OR IMPLIEDCONDITIONS REGARDING THE SERVICES OR THE SITE. FUTUREDONTICS, ITS REPRESENTATIVES, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES OR THE SITE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR NON- INFRINGEMENTHARMFUL CODE. ALL FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” OR SITE. WITHOUT LIMITATION OF THE FOREGOING, FUTUREDONTICS PROVIDES NO WARRANTY OR UNDERTAKING, AND “WITH ALL FAULTS.” STATIONMAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE SITE WILL OPERATE WITHOUT INTERRUPTION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY MEET ANY PERFORMANCE OR RESPONSIBILITY TO ADVERTISER RELIABILITY STANDARDS OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 9, NEITHER PARTY MAKES THE PLATFORM, SUPPORT SERVICES, ANCILLARY SERVICES AND ANY NON-GA SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PLATFORM, SUPPORT SERVICES, ANCILLARY SERVICES AND NON-GA SERVICES IS AT ITS OWN RISK. XXXXX.XX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS OR AND WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES PURPOSE, NONINFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OF DATA OR ANY OTHER PERSON WITH RESPECT INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE EXPRESS WARRANTIES MADE BY XXXXX.XX IN SECTION 9 ARE FOR THE BENEFIT OF THE CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. ANY SOFTWARE PROVIDED THROUGH THE PLATFORM IS LICENSED AND NOT SOLD. NO WARRANTIES OF ANY KIND WHATSOEVER ARE MADE FOR CUSTOMER’S BENEFIT IF CUSTOMER IS USING THE PLATFORM UNDER AN EVALUATION LICENSE OR BETA LICENSE. NO AGENT OF XXXXX.XX IS AUTHORIZED TO ANY CLAIMS ARISING OUT ALTER OR EXPAND THE WARRANTIES OF XXXXX.XX AS SET FORTH HEREIN. XXXXX.XX DOES NOT WARRANT THAT: (A) THE USE OF THE SERVICES OR NON-GA SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN CONNECTION COMBINATION WITH ANY ADVERTISER CONTENT OTHER HARDWARE, SOFTWARE, SYSTEM OR OTHER MATERIALS DISPLAYED ON ADVERTISERDATA; (B) THE SERVICES WILL MEET CUSTOMER’S WEBSITE(S). STATION DOES NOT REPRESENT REQUIREMENTS OR WARRANT THAT EXPECTATIONS; (C) ANY CAMPAIGNS, ADS, DELIVERABLES STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY CUSTOMER THROUGH THE SERVICES OR NON-GA SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (E) THE SERVICES AND NON-GA SERVICES WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES AND NON-GA SERVICES WILL BE CORRECTED), ; OR (F) THE SERVER(S) THAT ANY MAKE THE SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE AND NON-GA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND NON-GA SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. XXXXX.XX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR MALICIOUS CODEOTHER DAMAGES RESULTING FROM SUCH PROBLEMS. STATION WILL THE PLATFORM AND THE RESULTS PROVIDED BY THE PLATFORM ARE NOT INTENDED FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, IN-LINE MANUFACTURING, OR OTHER ACTIVITIES IN WHICH FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR HIGH NON FATAL DAMAGES (“HIGH RISK ACTIVITIES”). XXXXX.XX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. CUSTOMER ACCEPTS FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS (INCLUDING, WITHOUT LIMITATION, ANY INVESTMENT DECISIONS, PURCHASES OR TRANSACTIONS) MADE BY CUSTOMER AND ITS AUTHORIZED USERS IN USING THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT (a) USE OF THE SERVICES IS AT THE SOLE RISK OF CUSTOMER AND ITS AUTHORIZED USERS; (b) XXXXX.XX SHALL NOT BE LIABLE RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY INTERRUPTION IN USE OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING DELAYS OR ERRORS CAUSED BY CUSTOMER'S USE OF THE SERVICES, OR ANY PART THEREOF; (C) XXXXX.XX IS NOT A BROKER AND IS NOT PROVIDING ANY INVESTMENT ADVICE, IS NOT EXECUTING, ACCEPTING OR DIRECTING ANY TRADES FOR OR ON BEHALF OF ANY PERSON OR ENTITY, IS NOT PROVIDING ANY CLEARING SERVICES, IS NOT PROVIDING ANY TRADE OR ORDER CONFIRMATION AND IS NOT PROVIDING ANY SERVICES THAT REQUIRE LICENSING OR REGISTRATION WITH ANY REGULATORY BODY OR EXCHANGE; AND (D) XXXXX.XX SHALL NOT BE RESPONSIBLE FOR (i) THE PROPER EXECUTION OR CLEARING OF ANY ORDER SENT USING THE SERVICES OR (ii) THE MANAGEMENT AND OVERSIGHT OF ANY AND ALL ORDERS PLACED, TAKEN AND/OR SUBMITTED BY CUSTOMER, INCLUDING, WITHOUT LIMITATION, THE NUMBER CANCELLATION OF IMPRESSIONSANY SUCH ORDERS AND/OR THE OPENING AND CLOSING OF ANY TRADING ACCOUNTS. CUSTOMER SHALL HOLD XXXXX.XX AND ITS DIRECTORS, CLICK-THROUGHSMEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND/OR LEADS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF CUSTOMER'S USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE TRANSMISSION OF ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTORDER USING THE SERVICES.

Appears in 1 contract

Samples: Platform Agreement

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 10, NEITHER PARTY MAKES (i) THE LICENSED SOFTWARE, AND ANY REPRESENTATIONS OTHER MATERIALS, SOFTWARE, DATA, AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) PROVIDED BY GIMMAL ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.,STATIONAND (ii) GIMMAL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, ITS AFFILIATESEXPRESS, SERVICE PROVIDERS IMPLIED, STATUTORY, OR OTHERWISE, AND VENDORS SHALL HAVE GIMMAL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO LIABILITY WARRANTY IS MADE BY GIMMAL ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR RESPONSIBILITY TO ADVERTISER COURSE OF TRADE. GIMMAL DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF INFORMATION, MATERIALS, TECHNOLOGY, OR IN CONNECTION WITH ANY ADVERTISER CONTENT SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CLIENT’S REQUIREMENTS OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE OPERATION THEREOF WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ALL ERRORS WILL BE CORRECTED), OR . CLIENT ACKNOWLEDGES THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISERXXXXXX’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL CLIENT ONLY AND NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTTHIRD PARTY.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. EXCEPT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND WITHOUT WARRANTIES OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATIONS EITHER EXPRESSED OR IMPLIED. STREAMLYNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON- NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION STREAMLYNE DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES FUNCTION OR OTHER MATERIAL CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED OR ERROR- FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THIS SITE OR EXPECTATIONS OR BE THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STREAMLYNE DOES NOT WARRANT OR MALICIOUS CODEMAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. STATION THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND STREAMLYNE MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. STREAMLYNE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT BE LIABLE INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO CONTENT ON THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWEBSITE.

Appears in 1 contract

Samples: Streamlyne Terms

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 7.2 ABOVE, NEITHER PARTY MAKES THE SERVICES, DOCUMENTATION, AND ANY REPRESENTATIONS OTHER MATERIALS OR INFORMATION FURNISHED OR PROVIDED TO THE USER UNDER THE AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND FELDERA AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY STATUTORY OR OTHERWISE, REGARDING OR RELATING TO SAME. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FELDERA AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- AND NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONFURTHER, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION FELDERA DOES NOT REPRESENT OR WARRANT ANY RESULTS OF THE USER’S USE OF THE SERVICES, THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE SERVICES WILL BE DISPLAYED ON ANY STATIONRELIABLE, STATION WEBSITE ERROR FREE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (UNINTERRUPTED OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED). FELDERA USES A THIRD-PARTY DATA CENTER TO HOST THE SERVICES. THE USER ACKNOWLEDGES THAT FELDERA DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD-PARTY FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD-PARTY FACILITIES. FELDERA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTDAMAGE RESULTING THEREFROM.

Appears in 1 contract

Samples: Terms of Service

Disclaimer. EXCEPT THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PARTY MAKES ANY WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF LIMITATION, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTACCURACY. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF SERVICES, MATERIALS OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL CONTAINED THEREIN WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION UNINTERRUPTED OR ERROR (OR FREE, THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THE SITE OR EXPECTATIONS OR BE THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTCOMPONENTS.

Appears in 1 contract

Samples: axiomleads.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION SPARKCOGNITION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE SC SOFWARE, ADSSC SAAS SERVICES, DELIVERABLES MAINTENANCE AND SUPPORT SERVICES WILL MEET CUSTOMER’S NEEDS OR OTHER MATERIAL REQUIREMENTS OR THAT THE PROVISION OF THE SC SOFTWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (UNINTERRUPTED OR THAT THE SC SOFTWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR ERROR-FREE. FURTHER, SPARKCOGNITION DOES NOT WARRANT THAT ALL ERRORS IN THE SC SOFTWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES ARE CORRECTABLE OR WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.

Appears in 1 contract

Samples: Agreement

Disclaimer. The information on this Site is for information purposes only. It is believed to be reliable, but Rave Financial does not warrant its completeness, timeliness or accuracy. The information on the Site is not intended as an offer or solicitation for the purchase of Rave Financial shares, any other security or any financial instrument. RAVE FINANCIAL AND ITS EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT AND SERVICES AVAILABLE THROUGH THE RAVE FINANCIAL AND ITS AFFILIATES WEBSITES “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. RAVE FINANCIAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES, OR OF ANY CONTENT THE SITE. THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY ALL CONDITIONS, REPRESENTATIONS OR WARRANTIESAND WARRANTIES REGARDING THE SITE, EXPRESS OR THE CONTENT, AND THE SERVICES, WHETHER EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE, OR NON- INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RAVE FINANCIAL. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY LICENSE TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR YOU IS IMPLIED IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)THESE DISCLAIMERS. STATION RAVE FINANCIAL DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE ACCURACY, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)ADEQUACY, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEOMISSIONS IN THE MATERIALS AND INFORMATION. STATION FURTHERMORE, RAVE FINANCIAL WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALDELAY, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESDIFFICULTY IN USE, INCLUDING WITHOUT LIMITATIONCOMPUTER VIRUSES, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSMALICIOUS CODE, OR LEADS OTHER DEFECT IN SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND YOUR FILES AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY PROMOTIONAL EFFECT OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND RAVE FINANCIAL’S CONTROL. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR RETURN ON INVESTMENTREDUCING RAVE FINANCIAL’S RESPONSIBILITIES AND OBLIGATIONS TO YOU IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

Appears in 1 contract

Samples: Rave Financial Website Terms of Use Agreement

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH ABOVE, THE SERVICES, INCLUDING ALL TECHNOLOGY AND SOFTWARE USED IN THIS AGREEMENTTHE PERFORMANCE OF THE SERVICES, NEITHER PARTY MAKES ANY REPRESENTATIONS OR INCLUDING THE SYSTEM, ARE PROVIDED “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES: EXPRESS, EXPRESS OR IMPLIED, INCLUDING OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY LIMITATION, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SERVICES (INCLUDING ALL DM COMPANY DOES NOT WARRANT THAT THE SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATESTHE SYSTEM, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT COMPONENT OF THEM, WILL MEET CLIENT’S REQUIREMENTS OR IN CONNECTION WITH ANY ADVERTISER CONTENT THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)ERROR FREE. STATION CLIENT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES NOT COMPANY REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL CLIENT’S GOALS FOR AN OFFERING WILL BE DISPLAYED MET, AND COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT IT WILL IDENTIFY OR RECEIVE A MINIMUM MONETARY AMOUNT OR NUMBER OF ORDERS FROM SUBSCRIBERS OR INVESTORS. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY OR ON ANY STATIONBEHALF OF CLIENT, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)A USER, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEA PROSPECTIVE SUBSCRIBER. STATION WILL COMPANY IS NOT BE LIABLE RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALSERVICE INTERRUPTIONS, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESINCLUDING, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS OR FOR ANY ERROR OR OMISSION IN THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, CONTENT OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHER DATA TRANSMITTED THROUGH THE SYSTEM.

Appears in 1 contract

Samples: Master Services Agreement (SlideBelts Inc.)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10.1 ABOVE, THE SERVICES, AND ALL ASSOCIATED SOFTWARE, EQUIPMENT, DOCUMENTATION, AND OTHER PRODUCTS, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR IS." GREATER GIVING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, TITLE AND NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM WITHOUT LIMITING THE FOREGOING, GREATER GIVING MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATESOR ASSOCIATED SOFTWARE, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER EQUIPMENT, DOCUMENTATION, OR ANY OTHER PERSON WITH RESPECT TO GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY CLAIMS ARISING OUT OF SOFTWARE OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTEDHARDWARE), OR THAT ANY SERVICES PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET CLIENT’S REQUIREMENTS OR THE REQUIREMENTS OF OTHER PERSONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY DM SERVICESSOFTWARE, HARDWARE, SYSTEM OR NETWORK) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE PRODUCT SPECIFIC TERMS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF VIRUSES HARMFUL CODE OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTERROR FREE.

Appears in 1 contract

Samples: Greater Giving – Client Agreement

Disclaimer. EXCEPT The information and services published on the Allysian Sciences Web Site may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. Allysian Sciences may also make improvements in and/or changes to the information described in the Allysian Sciences Web Site at any time without notice. Allysian Sciences is not responsible for any errors or omissions in the Allysian Sciences Web Site or any web site which may be referenced within or linked to the Allysian Sciences Web Site. INFORMATION ON THE ALLYSIAN SCIENCES WEB SITE IS PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES IS" WITHOUT WARRANTIES OF ANY REPRESENTATIONS OR WARRANTIES, EXPRESS KIND EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON INFRINGEMENT OR NON- INFRINGEMENTTITLE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “ALLYSIAN SCIENCES MAKES NO REPRESENTATION OR WARRANTY AS IS” AND “WITH ALL FAULTS.” STATIONTO THE ACCURACY, ITS AFFILIATESRELIABILITY, SERVICE PROVIDERS AND VENDORS TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ALLYSIAN SCIENCES WEB SITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL HAVE BE AT YOUR SOLE RISK. ALLYSIAN SCIENCES MAKES NO LIABILITY REPRESENTATION OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT WARRANTY THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE ALLYSIAN SCIENCES WEB SITE WILL BE DISPLAYED AVAILABLE ON ANY STATION, STATION WEBSITE A TIMELY BASIS OR DIGITAL PLATFORM WITHOUT INTERRUPTION WILL BE UNINTERRUPTED OR ERROR (OR FREE, THAT ANY ERRORS DEFECTS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THE ALLYSIAN SCIENCES WEB SITE OR EXPECTATIONS OR BE THE SERVERS HOSTING SUCH WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODECOMPONENTS. STATION WILL NOT BE LIABLE ALLYSIAN SCIENCES ASSUMES NO LIABILITY FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESWHATSOEVER, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONSINDIRECT, CLICK-THROUGHSSPECIAL, CONSEQUENTIAL, PUNITIVE, OR LEADS AND INCIDENTAL DAMAGES OF ANY PROMOTIONAL EFFECT KIND, LOST PROFITS, LOSS OF PROGRAMS OR RETURN ON INVESTMENTOTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE ALLYSIAN SCIENCES WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE ALLYSIAN SCIENCES WEB SITE, EVEN IF ALLYSIAN SCIENCES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: www.allysian.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTALL LEA SERVICES, NEITHER PARTY SOFTWARE AND OTHER OKTA MATERIALS PROVIDED BY OKTA ARE PROVIDED TO CUSTOMER “AS-IS” AND OKTA MAKES ANY NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, ORAL OR WARRANTIESWRITTEN, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, OR NON- INFRINGEMENTARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION XXXX DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL THE LEA SERVICES WILL BE DISPLAYED ON DELIVERED FREE OF ANY STATIONINTERRUPTIONS, STATION WEBSITE DELAYS, OMISSIONS OR DIGITAL PLATFORM WITHOUT INTERRUPTION ERRORS OR ERROR (OR THAT IN A SECURE MANNER. THE LEA SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OKTA IS NOT RESPONSIBLE FOR ANY ERRORS WILL BE CORRECTED)DELAYS, DELIVERY FAILURES, OR THAT ANY LOSS OF DATA OR DAMAGES RESULTING THEREFROM. THE LEA SERVICES (INCLUDING ANY DM MAY CONTAIN INDEPENDENT THIRD PARTY PRODUCTS AND RELY ON THEM TO PERFORM CERTAIN FUNCTIONALITY IN CONNECTION WITH THE LEA SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING XXXX MAKES NO WARRANTY AS TO THE UNAVAILABILITY OPERATION OF ANY THIRD PARTY PRODUCTS OR THE BROADCAST SIGNAL, INTERNET ACCURACY OF ANY THIRD PARTY INFORMATION. NO ORAL OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED WRITTEN INFORMATION OR PUBLISHED. STATION MAKES NO REPRESENTATIONS ADVICE GIVEN BY OKTA OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTY.

Appears in 1 contract

Samples: www.okta.com

Disclaimer. EXCEPT If Client uses any Community Works posted in the TeamDynamix Community, Client does so entirely at its own risk and such Community Works are provided “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” with all faults. TEAMDYNAMIX SHALL HAVE NO DUTY OR OBLIGATION TO INVESTIGATE, NEITHER VET OR OTHERWISE APPROVE ANY COMMUNITY WORKS POSTED BY ANY USER OR ANY THIRD PARTY MAKES AND CLIENT HEREBY RELEASES TEAMDYNAMIX, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS FROM ALL LIABILITY ARISING OUT OF CLIENT’S USAGE OF ANY REPRESENTATIONS COMMUNITY WORKS AND ACKNOWLEDGES THAT TEAMDYNAMIX AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS SHALL HAVE NO OBLIGATION TO INDEMNIFY CLIENT FROM AND AGAINST ANY CLAIMS OR LIABILITY OF ANY KIND RELATED TO CLIENT’S USAGE OF THE COMMUNITY WORKS. WITH RESPECT TO COMMUNITY WORKS, TEAMDYNAMIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY STATUTORY OR OTHER, AND TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR NON- INFRINGEMENTTRADE PRACTICE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING, ITS AFFILIATESTEAMDYNAMIX MAKES NO WARRANTY OF ANY KIND THAT THE COMMUNITY WORKS, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'S OR ANY OTHER PERSON PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. THE FOREGOING DISCLAIMERS WITH RESPECT TO ANY CLAIMS ARISING OUT OF COMMUNITY WORKS SHALL SUPERSEDE ALL OTHER WARRANTIES PROVIDED IN THIS AGREEMENT OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHERWISE.

Appears in 1 contract

Samples: License Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPARTNER ACKNOWLEDGES THAT SDC, NEITHER PARTY MAKES ANY ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE Surprise Platform, SERVICES, SOFTWARE OR ANY PRIZES. THE Surprise Platform, SERVICES, SOFTWARE AND PRIZES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. SDC, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING, SDC, ITS AFFILIATES, SERVICE PROVIDERS AFFILIATES AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES THEIR RESPECTIVE SUPPLIERS DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE Surprise Platform OR THE SERVICES IS ACCURATE, ADSRELIABLE OR CORRECT; THAT THE SERVICES WILL MEET PARTNER’S REQUIREMENTS; THAT THE Surprise Platform, DELIVERABLES SERVICES OR OTHER MATERIAL SOFTWARE WILL BE DISPLAYED ON AVAILABLE AT ANY STATIONPARTICULAR TIME OR LOCATION, STATION WEBSITE THAT THE Surprise Platform, SERVICES OR DIGITAL PLATFORM WITHOUT INTERRUPTION SOFTWARE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR ERROR (OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED), ; OR THAT ANY THE Surprise Platform, SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR MALICIOUS CODE. STATION WILL NOT BE LIABLE OTHERWISE OBTAINED THROUGH THE USE OF THE Surprise Platform OR THE SERVICES IS DOWNLOADED AT PARTNER’S OWN RISK – PARTNER IS SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO ITS PROPERTY OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LOSS OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE DATA THAT RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTFROM SUCH DOWNLOAD.

Appears in 1 contract

Samples: Partner Agreement

Disclaimer. CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE AND THE FIREWALL IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. THE SERVICE IS PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH EXPLICITLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TELEFLORA DISCLAIMS OTHER WARRANTIES AND DOES NOT MAKE ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTANY REPRESENTATION OR WARRANTY AS TO THE OWNERSHIP OR NON-INFRINGEMENT OF ANY SOFTWARE. THE WARRANTIES STATED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” OTHER WARRANTIES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT TELEFLORA IS NOT RESPONSIBLE FOR AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY DOES NOT GIVE ANY ASSURANCE TO ADVERTISER CUSTOMER OR ANY OTHER ENTITY OR PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE VALIDITY AND VALUE, USEFULNESS OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY ACCURACY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHEDSOFTWARE. STATION MAKES NO REPRESENTATIONS OR CUSTOMER SHALL BEAR ALL RISK ASSOCIATED WITH THE USE OF THE SOFTWARE. TELEFLORA SHALL MAKE AVAILABLE TO CUSTOMER WARRANTIES RELATING TO THE RESULTS PROVIDED BY THIRD-PARTY PROVIDERS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENT.SOFTWARE AS DESCRIBED IN EXHIBIT C.

Appears in 1 contract

Samples: Teleflora Managed Services Agreement

Disclaimer. EXCEPT THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND WITHOUT WARRANTIES OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATIONS EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUE MARGIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. BLUE MARGIN DOES NOT WARRANT THAT THIS WEBSITE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONYOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER THAT DEFECTS IN THIS WEBSITE OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSCONTAINED IN THIS WEBSITE, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS THIS WEBSITE OR EXPECTATIONS OR BE THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE MARGIN DOES NOT WARRANT OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR MAKE ANY DAMAGES REPRESENTATION REGARDING THE USE OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESTHE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLUE MARGIN) ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, ANY CONTENT AND/OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHER MATERIALS CONTAINED IN THIS WEBSITE.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer. EXCEPT THE SUBSCRIPTION AND THE ONLINE SERVICES ARE PROVIDED “AS EXPRESSLY SET FORTH IN IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS WITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SUBSCRIPTION AND THE ONLINE SERVICES, OR THAT THE SUBSCRIPTION AND THE ONLINE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SUBSCRIPTION AND THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, REGARDING THE SUBSCRIPTION AND THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON- AND INFRINGEMENT. ALL NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, REGARDING THE SUBSCRIPTION AND THE ONLINE SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY BE DEEMED A WARRANTY FOR ANY PURPOSE OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT GIVE RISE TO ANY CLAIMS ARISING OUT LIABILITY OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTWARRANTIES.

Appears in 1 contract

Samples: Online Services Subscription Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE THE SERVICE IS PROVIDED “AS IS” AND “WITH ANOMALI MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL FAULTS.” STATIONIMPLIED WARRANTIES, ITS AFFILIATESINCLUDING ANY WARRANTIES OF MERCHANTABILITY, SERVICE PROVIDERS OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CUSTOMER ACKNOWLEDGES, UNDERSTANDS AND VENDORS SHALL HAVE AGREES THAT ANOMALI MAKES NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WARRANTIES WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION THREAT DATA AND DOES NOT REPRESENT GUARANTEE OR WARRANT THAT ANY CAMPAIGNSUSE OF THE SERVICE WILL IDENTIFY, ADSFIND, DELIVERABLES LOCATE OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATIONDISCOVER ALL SYSTEM THREATS, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)VULNERABILITIES, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL MALWARE OR MALICIOUS CODE. STATION CUSTOMER ACKNOWLEDGES THAT SUCH THIRD PARTIES MAY BE BAD ACTORS AND SUCH DATA MAY BE DANGEROUS TO PERSONS OR PROPERTY, OR OTHERWISE VIOLATE OR INFRINGE LAWS, REGULATIONS OR THIRD PARTY RIGHTS. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE OR OPERATION. THE SERVICE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF THE SERVICE IS PROVIDED ON AN EVALUATION (OR OTHERWISE FREE) BASIS, IT IS PROVIDED “AS IS” AND NO WARRANTIES, OR ANY KIND, ARE MADE (I.E. SECTION 7.1 WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTAPPLY).

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 7, NEITHER PARTY HOTSCHEDULES MAKES NO REPRESENTATION OR WARRANTY OF ANY REPRESENTATIONS KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR WARRANTIESBY OPERATION OF LAW), EXPRESS OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION AS TO ANY MATTER WHATSOEVER. HOTSCHEDULES EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION HOTSCHEDULES DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES SERVICE OR OTHER MATERIAL DOCUMENTATION IS ERROR-FREE OR THAT OPERATION OR USE OF THE SUBSCRIPTION SERVICE WILL BE DISPLAYED ON SECURE OR UNINTERRUPTED. HOTSCHEDULES EXPRESSLY DISCLAIMS ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS THAT SUBSCRIBER’S USE OF SERVICESANY SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS, ORDINANCES, OR REGULATIONS, INCLUDING WITHOUT LIMITATIONLIMITATION LABOR WAGE LAWS. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE NUMBER USE OF IMPRESSIONSTHE INTERNET AND ELECTRONIC COMMUNICATIONS. HOTSCHEDULES IS NOT RESPONSIBLE FOR ANY DELAYS, CLICK-THROUGHS, DELIVERY FAILURES OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: General Terms and Conditions

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH UNDER NO CIRCUMSTANCES WILL COMPANY OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE SERVICES, SUPPORT OR OTHER DELIVERABLES UNDER THIS AGREEMENT, NEITHER PARTY MAKES BE LIABLE FOR ANY REPRESENTATIONS INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS, OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR NON- INFRINGEMENTOTHER LIMITATIONS. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” THE COMPANY AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE USE OF ANY INFORMATION OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR SERVICE, IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES PARTICULAR, BUT NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSAS A LIMITATION THEREOF, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL THE COMPANY AND ITS AFFILIATED PARTIES ARE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE BROADCAST SIGNALPOSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER AND THE COMPANY. THE WEBSITE AND THE PRODUCTS, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING DOCUMENTS AND INFORMATION PRESENTED THEREIN WOULD NOT BE PROVIDED WITHOUT LIMITATIONSUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE NUMBER OF IMPRESSIONSCUSTOMER FROM THE COMPANY THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, CLICK-THROUGHS, REPRESENTATION OR LEADS AND GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY PROMOTIONAL EFFECT DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR RETURN ON INVESTMENTDOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: Subscription/Contract Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN SECTION 5.1 OF THIS AGREEMENT, NEITHER PARTY MAKES HEALTHY GAMER DOES NOT MAKE OR GIVE ANY REPRESENTATIONS REPRESENTATION OR WARRANTIESWARRANTY OR CONDITION OF ANY KIND, EXPRESS WHETHER SUCH REPRESENTATION, WARRANTY, OR CONDITION BE EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, QUALITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTANY REPRESENTATION, WARRANTY, OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONHEALTHY GAMER, ITS AFFILIATES, SERVICE PROVIDERS SUPPLIERS AND VENDORS SHALL HAVE RESELLERS MAKE NO LIABILITY WARRANTY OR RESPONSIBILITY TO ADVERTISER REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COACHING SERVICES OR THE PREMIUM CONTENT, REGARDING, THE ACCURACY OR RELIABILITY OF ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF INFORMATION OBTAINED THROUGH THE COACHING SERVICES OR IN CONNECTION WITH ANY ADVERTISER THE PREMIUM CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISERTHAT THE COACHING SERVICES OR PREMIUM CONTENT WILL MEET ANY OF CLIENT’S WEBSITE(S). STATION DOES NOT REPRESENT REQUIREMENTS, OR WARRANT THAT ANY CAMPAIGNSBE UNINTERRUPTED, ADSTIMELY, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION SECURE OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEFREE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY USE OF THE BROADCAST SIGNALCOACHING SERVICES OR THE PREMIUM CONTENT IS AT CLIENT’S SOLE RISK, INTERNET ANY MATERIAL AND/OR WEBSITE(S) ON WHICH ADVERTISERDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COACHING SERVICES OR PREMIUM CONTENT IS AT CLIENT’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS OWN DISCRETION AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTRISK.

Appears in 1 contract

Samples: Coaching Services and Premium Content Agreement

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