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: Advertising Agreement, Contract Agreement, Advertising Contract
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: Advertising Agreement, Contract Agreement, Advertising Agreement
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 9 contracts
Samples: Service Agreement, Service Agreement, Service 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 6 contracts
Samples: Content Participant Agreement, Content Participant Agreement, Content Participant 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 AND TECHNOLOGY, INCLUDING BUT NOT LIMITED TO HDCP, THE HDCP SPECIFICATION, DEVICE KEYS, DEVICE KEY SETS, KSVS AND SYSTEM RENEWABILITY MESSAGES, ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS.” LICENSOR, NEITHER PARTY MAKES ANY FOUNDER, KEY GENERATOR AND THEIR RESPECTIVE AFFILIATES 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 OTHER AGREEMENT OR ANY OTHER PERSON WITH RESPECT TO ACTIVITY OF LICENSOR OR FOUNDER. LICENSOR, FOUNDER, KEY GENERATOR AND THEIR RESPECTIVE AFFILIATES FURTHER DISCLAIM ANY CLAIMS ARISING OUT WARRANTY THAT HDCP, DEVICE KEYS, DEVICE KEY SETS, KSVS, SYSTEM RENEWABILITY MESSAGES, THE HDCP SPECIFICATION, OR ANY IMPLEMENTATION OF THE HDCP SPECIFICATION, IN EACH CASE IN WHOLE OR IN CONNECTION WITH PART, WILL BE FREE FROM INFRINGEMENT OF ANY ADVERTISER CONTENT INTELLECTUAL PROPERTY OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)PROPRIETARY RIGHTS. STATION DOES WITHOUT LIMITING THE FOREGOING, LICENSOR, FOUNDER, KEY GENERATOR AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSHDCP IS IMMUNE TO HACKING, ADSCODE-BREAKING, DELIVERABLES PIRACY 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 EFFORTS 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 INVESTMENTCIRCUMVENT HDCP.
Appears in 4 contracts
Samples: HDCP License Agreement, HDCP License Agreement, HDCP License Agreement
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTIES IN THIS AGREEMENTSECTION 8, NEITHER PARTY MAKES ANY REPRESENTATIONS OR CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” PURPOSE, TITLE, AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON NON-INFRINGMENT WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS 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 CROWDSTRIKE TOOLS WILL BE DISPLAYED ON ANY STATIONERROR FREE, STATION WEBSITE OR DIGITAL PLATFORM THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR ERROR (WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR THAT NEEDS. THE OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY ERRORS WILL BE CORRECTED)HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE- SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS APPLICATION 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 SIGNALINSTALLATION WHERE FAILURE COULD RESULT IN DEATH, 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-THROUGHSSEVERE PHYSICAL INJURY, OR LEADS AND PROPERTY DAMAGE. Customer agrees that it is Customer’s responsibility to ensure safe use of an Offering and the CrowdStrike Tools in such applications and installations. CROWDSTRIKE DOES NOT WARRANT ANY PROMOTIONAL EFFECT THIRD PARTY PRODUCTS OR RETURN ON INVESTMENTSERVICES.
Appears in 4 contracts
Samples: Crowdstrike Terms and Conditions, Crowdstrike Terms and Conditions, Crowdstrike Terms and Conditions
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, ROYALTY TIERS 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, AND ROYALTY OBLIGATIONS IF SUCH 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 DEVELOP, MANUFACTURE, OR COMMERCIALIZE ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL PARTICULAR SALES LEVEL 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 3 contracts
Samples: Option, Collaboration and License Agreement (BeiGene, Ltd.), Exclusive License Agreement (Roivant Sciences Ltd.), Collaboration and License Agreement (BeiGene, Ltd.)
Disclaimer. SUBJECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION, DELIVERABLES AND ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT (INCLUDING THE USE THEREOF) ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. IGLOO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OR TRADE, OR COURSE OF DEALING REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES, DOCUMENTATION, DELIVERABLES OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. IGLOO DOES NOT WARRANT THAT THE SERVICES, DOCUMENTATION OR DELIVERABLES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. EXCEPT FOR IGLOO’S OBLIGATIONS THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE IGLOO PLATFORM, DOCUMENTATION OR DELIVERABLES REMAINS WITH CUSTOMER. 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 IGLOO DOES NOT REPRESENT WARRANT THE ACCURACY OR WARRANT THAT SECURITY OF 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.CUSTOMER DATA.
Appears in 3 contracts
Samples: Master Terms of Service, Master Terms of Service, Master Terms of Service
Disclaimer. EXCEPT AS EXPRESSLY TO THE EXTENT OTHERWISE SET FORTH IN THIS AGREEMENT, EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS RESPECTIVE USE OF THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND DEMAND MEDIA LICENSED IP. NEITHER PARTY MAKES MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES OF 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 WARRANTY THAT THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE “ERROR FREE” OR ANY CLAIMS ARISING OUT WARRANTY OR GUARANTEE THAT THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE FREE OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CORRUPTED FILES OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION DOES NOT REPRESENT COMPUTER PROGRAMMING THAT IS INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR WARRANT THAT EXPROPRIATE ANY CAMPAIGNSSYSTEMS, ADSDATA, DELIVERABLES PERSONAL INFORMATION 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 PROPERTY 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 INVESTMENTANOTHER.
Appears in 3 contracts
Samples: Intellectual Property Assignment and License Agreement (Demand Media Inc.), Intellectual Property Assignment and License Agreement (Rightside Group, Ltd.), Intellectual Property Assignment and License Agreement (Rightside Group, Ltd.)
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 Agreement, Master License 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 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 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 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: Participant Agreement, Participant Agreement
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 2 contracts
Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETTABLE EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, NEITHER PARTY MAKES AND ONLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND AND PALANTIR AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES PROVIDED HEREUNDER OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONWITHOUT LIMITING THE FOREGOING LIMITATION, 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 PALANTIR DOES NOT REPRESENT OR WARRANT THAT THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY CAMPAIGNSRESULTS, ADSOUTCOMES, DELIVERABLES OR OTHER MATERIAL CONCLUSIONS OR THAT OPERATION OF THE SERVICE WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION UNINTERRUPTED OR ERROR (FREE. PALANTIR IS NOT RESPONSIBLE 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, THIRD PARTY SERVICES (INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONSUPTIME GUARANTEES, CLICK-THROUGHSOUTAGES, OR LEADS FAILURES), CUSTOMER DATA, OR ANY THIRD PARTY CONTENT. PALANTIR DOES NOT CONTROL THE TRANSFER OF INFORMATION OR CUSTOMER DATA OVER COMMUNICATIONS FACILITIES, THE INTERNET, OR THIRD PARTY SERVICES, AND THE SERVICE MAY BE SUBJECT TO DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY PROMOTIONAL EFFECT DELAYS, FAILURES, OR RETURN ON INVESTMENTOTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Appears in 2 contracts
Samples: Terms of Service, 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 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. THE WEBSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR 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 BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14.2 ALL SERVICES THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (INCLUDING ALL DM SERVICESOR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE PROVIDED “THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE WEBSITE SHALL NOT BE LIABLE ON THIS ACCOUNT.
14.3 SINCE THE WEBSITE ACTS ONLY AS IS” A PROJECT/ASSIGNMENT SEARCHING AND “PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN OPPORTUNITY PROVIDER AND THE SKILL PROVIDER AS REGARDS THE TERMS OF PROJECT/ASSIGNMENT OFFERED BY THE OPPORTUNITY PROVIDERS. IN NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE SKILL PROVIDER. FOR OUR PRIMO AND FLEXPERT BASED SERVICE MODELS, FLEXING IT'S LIABILITY SHALL BE BASED ON THE WRITTEN AGREEMENT THAT FLEXING IT HAS WITH ALL FAULTSYOU.” STATION
14.4 IN NO EVENT SHALL THE WEBSITE BE LIABLE FOR ANY DIRECT, ITS AFFILIATESINDIRECT, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER PERSON WITH RESPECT DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY CLAIMS INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTNUTIES ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
14.5 NEITHER SHALL THE WEBSITE BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY ADVERTISER CONTENT INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHER MATERIALS DISPLAYED OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON ADVERTISERCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE’S WEBSITE(S)CONTROL. STATION DOES NOT REPRESENT OR WARRANT THE USER UNDERSTANDS AND AGREES THAT ANY CAMPAIGNS, ADS, DELIVERABLES MATERIAL AND/OR OTHER MATERIAL DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE DISPLAYED ON SOLELY RESPONSIBLE FOR ANY STATIONDAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
14.6 THESE LIMITATIONS, STATION WEBSITE OR DIGITAL PLATFORM DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT INTERRUPTION OR ERROR REGARD TO WHETHER THE DAMAGES ARISE FROM (OR THAT ANY ERRORS WILL BE CORRECTED)A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR THAT (D) ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OTHER CAUSE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING ACTION, TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS EXTENT SUCH EXCLUSION AND LIMITATIONS 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 INVESTMENTNOT PROHIBITED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTABOVE, NEITHER PARTY LYFT MAKES ANY REPRESENTATIONS NO WARRANTIES CONCERNING THE LYFT PLATFORM, LYFT DELIVERY API, DELIVERY SERVICES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTOTHERWISE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED LYFT PROVIDES PARTNER AND MERCHANT THE LYFT MATERIALS “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)WITHOUT WARRANTY. STATION LYFT DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THE LYFT PLATFORM OR OTHER MATERIAL DELIVERY API WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE MEET PARTNER’S OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)A MERCHANT’S REQUIREMENTS, OR THAT THE OPERATION OF THE LYFT PLATFORM OR DELIVERY API WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DELIVERY SERVICES MAY BE AVAILABLE AT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS PARTICULAR TIME OR EXPECTATIONS LOCATION AS REQUESTED BY PARTNER OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEMERCHANT. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALFULLEST EXTENT PERMITTED BY LAW, INTERNET LYFT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED IMPLIED, ORAL OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESWRITTEN, INCLUDING WITHOUT LIMITATION, THE NUMBER ALL IMPLIED WARRANTIES OF IMPRESSIONSTITLE, CLICKNON-THROUGHSINFRINGEMENT, MERCHANTABILITY, OR LEADS FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY PROMOTIONAL EFFECT COURSE OF DEALING, COURSE OF PERFORMANCE, OR RETURN ON INVESTMENTUSAGE OF TRADE. LYFT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LYFT IS NOT A TRANSPORTATION CARRIER. LYFT IS NOT A DELIVERY SERVICE FOR GOODS AND SUPPLIES. LYFT IS NOT A COMMON CARRIER OR PUBLIC CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO ACCEPT THE DELIVERY SERVICES REQUESTED BY PARTNER OR MERCHANT THROUGH THE LYFT PLATFORM. LYFT DOES NOT PROVIDE, SOURCE, OR VERIFY THE QUALITY, SAFETY, OR CONTENT OF THE PRODUCTS, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN AS TO THE DELIVERY SERVICES, LYFT DISCLAIMS ANY RESPONSIBILITY FOR THE QUALITY AND CONDITION OF THE PRODUCTS.
Appears in 1 contract
Samples: Integration and Delivery Services Agreement (Wellgistics Health, Inc.)
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTABOVE, NEITHER PARTY LYFT MAKES ANY REPRESENTATIONS NO WARRANTIES CONCERNING THE LYFT PLATFORM, DELIVERY API, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTOTHERWISE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED LYFT PROVIDES PARTNER AND MERCHANT THE LYFT MATERIALS “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)WITHOUT WARRANTY. STATION LYFT DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THE LYFT PLATFORM OR OTHER MATERIAL DELIVERY API WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE MEET PARTNER OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)MERCHANT REQUIREMENTS, OR THAT THE OPERATION OF THE LYFT PLATFORM OR DELIVERY API WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DELIVERY SERVICES MAY BE AVAILABLE AT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS PARTICULAR TIME OR EXPECTATIONS LOCATION AS REQUESTED BY PARTNER OR BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODEMERCHANT. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY OF THE BROADCAST SIGNALFULLEST EXTENT PERMITTED BY LAW, INTERNET LYFT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED IMPLIED, ORAL OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESWRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LYFT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LYFT IS NOT A TRANSPORTATION CARRIER. LYFT IS NOT A DELIVERY SERVICE FOR GOODS AND SUPPLIES. LYFT IS NOT A COMMON CARRIER OR PUBLIC CARRIER. IT IS UP TO THE NUMBER DRIVER TO DECIDE WHETHER OR NOT TO ACCEPT THE DELIVERY REQUESTED BY PARTNER OR MERCHANT THROUGH THE LYFT PLATFORM. LYFT DOES NOT PROVIDE, SOURCE OR VERIFY THE QUALITY, SAFETY OR CONTENT OF IMPRESSIONSTHE PRODUCTS, CLICK-THROUGHSAND EXCEPT AS EXPRESSLY PROVIDED HEREIN AS TO THE DELIVERY SERVICES, OR LEADS LYFT DISCLAIMS ANY RESPONSIBILITY FOR THE QUALITY AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTCONDITION OF MERCHANT’S PRODUCTS.
Appears in 1 contract
Samples: Integration and Delivery Services Agreement (Wellgistics Health, Inc.)
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: Terms and Conditions of Use
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. AGENT ACKNOWLEDGES THAT ALL SERVICES (INCLUDING ALL DM SERVICES) PROVIDED BY ALLSTATE LEAD MARKETPLACE HEREUNDER ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTY WHATSOEVER AND THAT AGENT’S USE OF SUCH SERVICES IS AT AGENT’S OWN RISK. NEITHER ALLSTATE LEAD MARKETPLACE NOR ANY OF ALLSTATE LEAD MARKETPLACE’S AFFILIATES, LICENSORS OR SUPPLIERS MAKES, AND AGENT IS NOT RECEIVING, ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE WITH ALL FAULTS.” STATION, RESPECT TO THE SERVICES PROVIDED HEREUNDER. ALLSTATE LEAD MARKETPLACE AND ITS AFFILIATES, SERVICE PROVIDERS LICENSORS AND VENDORS SHALL HAVE SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR NON- INFRINGEMENT. ALLSTATE LEAD MARKETPLACE IS NOT INVOLVED IN ANY TRANSACTION BETWEEN AGENT AND ANY PROSPECT. AS A RESULT, ALLSTATE LEAD MARKETPLACE HAS NO LIABILITY CONTROL OVER THE INTEGRITY, QUALITY, SAFETY OR RESPONSIBILITY LEGALITY OF ANY LEAD OR THE TRUTH OR ACCURACY THEREOF. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, ALLSTATE LEAD MARKETPLACE CANNOT AND DOES NOT CONFIRM THAT ANY PROSPECT IS WHO SUCH PROSPECT CLAIMS TO ADVERTISER BE. IN THE EVENT AGENT HAS A DISPUTE WITH ANY PROSPECT, AGENT RELEASES ALLSTATE LEAD MARKETPLACE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)SUCH DISPUTE. STATION DOES NOT REPRESENT OR WARRANT THAT AGENT IS SOLELY RESPONSIBLE FOR ITS RELATIONSHIPS WITH ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED ON PROSPECT AND FOR SEEKING ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT REMEDIES AND REDRESS DIRECTLY FROM 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 PROSPECT IN 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 INVESTMENTEVENT OFANY SUCH DISPUTE.
Appears in 1 contract
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: Terms of Service
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 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 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: Hr Partner 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 IMPLIEDWARRANTIES 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
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. 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, WCA 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. WCA 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. WCA 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 WCA) 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: Privacy Policy
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, THE APPLICATION SERVICES AND LICENSED TECHNOLOGY AND ANY REPRESENTATIONS OTHER MATERIALS, SOFTWARE, CONTENT, 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 NSI ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.,” STATIONAND SUBSCRIBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, ITS AFFILIATESUSE AND RESULTS THEREOF. NSI EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, SERVICE PROVIDERS AND VENDORS SHALL HAVE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OR NON-INFRINGEMENT. NO LIABILITY WARRANTY IS MADE BY NSI ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR RESPONSIBILITY COURSE OF PERFORMANCE. NO EMPLOYEE OR CONTRACTOR OF NSI (INCLUDING ANY SALESPERSON OR INSTALLER) IS AUTHORIZED TO ADVERTISER CREATE ANY WARRANTY OR PROMISE, OR MODIFY ANY PROVISION OF THIS AGREEMENT. NSI DOES NOT WARRANT THE VALUE, ACCURACY OR SECURITY OF ANY DATA. NSI DOES NOT WARRANT THAT THE HARDWARE, DATA SERVICES (OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF HARDWARE, SOFTWARE, INFORMATION, MATERIALS, TECHNOLOGY OR IN CONNECTION WITH ANY ADVERTISER CONTENT SERVICES PROVIDED UNDER THIS AGREEMENT) WILL MEET SUBSCRIBER’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 . SUBSCRIBER ACKNOWLEDGES THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISERNSI’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODESUBSCRIBER ONLY. 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.SOLE OBLIGATION AND
Appears in 1 contract
Samples: Hardware Warranty
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 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
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 Conditions
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 of Use
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: Service Agreement
Disclaimer. EXCEPT AS FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ALL QLIK PRODUCTS, SERVICES, SUPPORT, DOCUMENTATION, AND OTHER INFORMATION, MATERIALS, AND SERVICES PROVIDED BY QLIK ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY REPRESENTATIONS OR WARRANTIESKIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR NON- INFRINGEMENTUSAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, QLIK AND “WITH ALL FAULTS.” STATIONITS OFFICERS, ITS AFFILIATESDIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, SERVICE PROVIDERS PROVIDERS, LICENSORS, AND VENDORS SHALL HAVE NO LIABILITY RESELLERS DO NOT WARRANT THAT: (I) QLIK PRODUCTS, SERVICES, 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 SUPPORT WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION UNINTERRUPTED OR ERROR FREE, (OR THAT ANY ERRORS WILL BE CORRECTED)II) QLIK PRODUCTS, SERVICES, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE SUPPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; 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(III) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF USING QLIK PRODUCTS, SERVICES, INCLUDING WITHOUT LIMITATIONOR SUPPORT WILL MEET CUSTOMER’S OR ANY AUTHORIZED USER’S REQUIREMENTS, THE NUMBER OF IMPRESSIONSACHIEVE ANY INTENDED RESULT, CLICK-THROUGHSBE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR LEADS OTHER SERVICES, OR BE SECURE, ACCURATE, OR COMPLETE. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO EVALUATE WHETHER A) USE OF THE OUTPUT OF ANY QLIK PRODUCT OR SERVICE IS APPROPRIATE FOR CUSTOMER’S USE CASE, AND B) REVIEW AND INDEPENDENT VERIFICATION IS APPROPRIATE BEFORE USING OUTPUT. ANY PROMOTIONAL EFFECT PREDICTIVE OR RETURN ON INVESTMENTANALYTICAL SERVICES INCLUDED IN THE QLIK PRODUCTS ARE FOR INFORMATIONAL PURPOSES ONLY AND NOT A GUARANTEE OF FUTURE RESULTS OR PERFORMANCE.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer. EXCEPT YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND OF ANY ADVICE, USER CONTENT, INSTRUCTIONS, VIDEOS, INFORMATION, AND OTHER MATERIAL CONTAINED IN OR DESCRIBED ON THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PARTY MAKES ANY WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON- INFRINGEMENTCOURSE OF PERFORMANCE. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONIN ADDITION, 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 WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY CAMPAIGNSERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, ADSINABILITY TO USE, DELIVERABLES OR RELIANCE ON ANY ASPECT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT AND ALL OTHER MATERIAL CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE, FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE OR USER CONTENT WILL BE DISPLAYED ON ANY STATIONUNINTERRUPTED, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)SECURE, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR MALICIOUS CODEINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. STATION Third Party Content and Links to Third Party Sites. WE MAY DISPLAY ON THE WEBSITE USER CONTENT, INFORMATION, ADVICE, INSTRUCTIONS, VIDEOS, STATEMENTS, SERVICES, PRODUCTS, AND OTHER MATERIALS FROM THIRD PARTIES, AND LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH INFORMATION RELATING TO SUCH THIRD PARTY CONTENT, ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. IN NO EVENT WILL NOT WE BE LIABLE LIABLE, DIRECTLY OR INDIRECTLY TO ANYONE FOR ANY DAMAGES DAMAGE OR LOSSES INCURRED BY ADVERTISER LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE UNAVAILABILITY OF THE BROADCAST SIGNALWEBSITE, INTERNET ANY PRODUCTS, SERVICES OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES OTHER MATERIALS RELATING TO THE RESULTS OF SERVICESANY SUCH CONTENT, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICKANY LINKED THIRD-THROUGHSPARTY SITE, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTLINK CONTAINED IN A LINKED SITE.
Appears in 1 contract
Samples: Terms of Use
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 MAY OTHERWISE BE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTTHESE TERMS, NEITHER PARTY MAKES ANY REPRESENTATIONS ALL INFORMATION, CONTENT, OR WARRANTIESSERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, EXPRESS OR IMPLIEDINCLUDING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITYLIMITATION, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) CONTENT, ARE PROVIDED “AS IS” AND “WITH WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL FAULTS.” STATIONWARRANTIES, ITS AFFILIATESWHETHER EXPRESS, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY IMPLIED 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 CAMPAIGNSSTATUTORY, ADSINCLUDING, 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 WARRANTIES OF IMPRESSIONSMERCHANTABILITY, CLICKFITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-THROUGHSINFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR LEADS OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSHORTEST DURATION PERMITTED BY LAW.
Appears in 1 contract
Samples: Website Terms of Use
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: Terms of Use Agreement
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. 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. 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 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
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
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. Sacred Sister Birthkeeper 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 Sacred Sister Birthkeeper 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. Sacred Sister Birthkeeper 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 Sacred Sister Birthkeeper 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. Sacred Sister Birthkeeper 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 of Use
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH I ACKNOWLEDGE THAT THE RECONNECTIVE HEALING PROGRAM, THE RECONNECTION EVENTS AND THE RECONNECTION INFORMATION ARE NOT DESIGNED TO, AND DO NOT PROVIDE, MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CURE FOR ANY MEDICAL CONDITION, DISEASE OR ILLNESS. I UNDERSTAND THAT I SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, NOR DELAY IN THIS AGREEMENTSEEKING IT, NEITHER PARTY MAKES BECAUSE OF SOMETHING I HAVE LEARNED, VIEWED, LISTENED TO, READ OR OTHERWISE ASCERTAINED OR OBTAINED FROM OR BASED ON ANY REPRESENTATIONS COMPONENT OF THE RECONNECTIVE HEALING PROGRAM, ANY RECONNECTION EVENT OR WARRANTIESANY RECONNECTION INFORMATION CONVEYED TO ME BY THE COMPANY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ALL SERVICES COMPANY REPRESENTATIVES (INCLUDING ALL DM SERVICESBUT NOT LIMITED TO THE RECONNECTION PARTIES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONOR XXXX XXXXX AT ANY TIME (BEFORE, ITS AFFILIATESDURING OR AFTER ANY RECONNECTION EVENT). ANYTHING I LEARN OR EXPERIENCE FROM THE RECONNECTIVE HEALING PROGRAM, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER ANY RECONNECTION EVENT OR ANY OTHER PERSON RECONNECTION INFORMATION IS NOT INTENDED TO REPLACE THE SERVICES OF A TRAINED HEALTH CARE PROFESSIONAL OR BE A SUBSTITUTE FOR MEDICAL ADVICE OF PHYSICIANS. THE COMPANY RECOMMENDS THAT I CONSULT A PHYSICIAN IN ALL MATTERS RELATING TO MY HEALTH, PARTICULARLY WITH RESPECT TO ANY CLAIMS ARISING OUT OF SYMPTOMS THAT MAY REQUIRE DIAGNOSIS OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)MEDICAL ATTENTION. 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 COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATING WITH RESPECT TO ANY INFORMATION OR SERVICES OFFERED OR PROVIDED TO ME IN ANY COMPONENT OF THE RESULTS OF SERVICESRECONNECTIVE HEALING PROGRAM, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHS, ANY RECONNECTION EVENT OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTRECONNECTION INFORMATION.
Appears in 1 contract
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 THE COMPANY DOES NOT REPRESENT OR WARRANT GUARANTEE THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL (A) THE SERVICES WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE PERFORMED ERROR-FREE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)UNINTERRUPTED, OR THAT THE COMPANY WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH THE DATA OR CUSTOMER’S OTHER APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY THE COMPANY, AND (C) THE SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISERCUSTOMER’S REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OR ANY REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OF CUSTOMER’S PATIENTS. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, THE CUSTOMER’S OWN DATA SYSTEMS AND IT NETWORKS, THE SIEMENS ECOSYSTEM, THE DATA HOSTING AND STORAGE FACILITIES OF MICROSOFT AZURE OR ANY HOSTING SERVICES PROVIDE, AND THAT THE SERVICES MAY BE FREE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF VIRUSES SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER HARMFUL OR MALICIOUS CODEDAMAGE RESULTING FROM SUCH PROBLEMS. STATION WILL THE COMPANY IS NOT BE LIABLE RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING ISSUES RELATED TO THE UNAVAILABILITY PERFORMANCE, OPERATION OR SECURITY OF THE BROADCAST SIGNALSERVICES THAT ARISE FROM THE DATA. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHED. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS OF SERVICESACCURACY, INCLUDING WITHOUT LIMITATIONCOMPLETENESS, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSCORRECTNESS, OR LEADS USEFULNESS OF THIRD-PARTY CONTENT, AND ANY PROMOTIONAL EFFECT DISCLAIMS ALL LIABILITIES ARISING FROM OR RETURN ON INVESTMENTRELATED TO THIRD PARTY CONTENT.
Appears in 1 contract
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. MAV Services 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 MAV Services 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. MAV Services 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 MAV Services 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. MAV Services 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 of Use
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: Order Form (Hylete)
Disclaimer. EXCEPT THE DEVELOPMENT TOOLS AND ANY THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” BASIS WITHOUT ANY REPRESENTATIONS, NEITHER PARTY MAKES WARRANTIES, COVENANTS OR CONDITIONS OF ANY REPRESENTATIONS KIND, EITHER EXPRESS OR IMPLIED. UNITY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, 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 OUT OF OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S). STATION UNITY DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNSTHE DEVELOPMENT TOOLS OR THIRD-PARTY MATERIALS ARE (I) ACCURATE, ADSCOMPLETE, DELIVERABLES RELIABLE, CURRENT OR OTHER MATERIAL WILL BE DISPLAYED ON ANY STATIONERROR-FREE, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICESII) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR MALICIOUS CODE(III) SUFFICIENT FOR DEVELOPMENT OF YOUR CONTENT. STATION YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DEVELOPMENT TOOLS. YOU WILL NOT BE LIABLE SOLELY RESPONSIBLE FOR BACKING UP ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO YOU CONTENT AND FOR THE UNAVAILABILITY ACCURACY AND QUALITY OF YOUR CONTENT. YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH 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 SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS, CLICK-THROUGHSDEVELOPMENT TOOLS, OR LEADS AND ANY PROMOTIONAL EFFECT YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR RETURN ON INVESTMENTUSEFULNESS OF THE DEVELOPMENT TOOLS.
Appears in 1 contract
Samples: Development Tools License 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: NFT Terms and Conditions Agreement
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, THE APPLICATION SERVICES AND LICENSED TECHNOLOGY AND ANY REPRESENTATIONS OTHER MATERIALS, SOFTWARE, CONTENT, 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 NSI ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.,” STATIONAND SUBSCRIBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, ITS AFFILIATESUSE AND RESULTS THEREOF. NSI EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, SERVICE PROVIDERS AND VENDORS SHALL HAVE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OR NON-INFRINGEMENT. NO LIABILITY WARRANTY IS MADE BY NSI ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR RESPONSIBILITY COURSE OF PERFORMANCE. NO EMPLOYEE OR CONTRACTOR OF NSI (INCLUDING ANY SALESPERSON OR INSTALLER) IS AUTHORIZED TO ADVERTISER CREATE ANY WARRANTY OR PROMISE, OR MODIFY ANY PROVISION OF THIS AGREEMENT. NSI DOES NOT WARRANT THE VALUE, ACCURACY OR SECURITY OF ANY DATA. NSI DOES NOT WARRANT THAT THE HARDWARE, DATA SERVICES (OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF HARDWARE, SOFTWARE, INFORMATION, MATERIALS, TECHNOLOGY OR IN CONNECTION WITH ANY ADVERTISER CONTENT SERVICES PROVIDED UNDER THIS AGREEMENT) WILL MEET SUBSCRIBER’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). SUBSCRIBER ACKNOWLEDGES THAT NSI’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. THE SOLE OBLIGATION AND LIABILITY OF NSI, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE AND THE SOLE AND EXCLUSIVE REMEDY OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE SUBSCRIBER FOR ANY DAMAGES BREACH OF WARRANTY SHALL BE REPAIR OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY REPLACEMENT 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 INVESTMENTHARDWARE HAVING A DEFECT AS SET FORTH IN THIS SECTION 3.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, 9.1 ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING TERMS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE, OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONTRADE PRACTICE, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON MATTER PERTAINING TO ENGAGEDMD SERVICES, CONTENT, THE RESULTS DERIVED FROM THE USE OF ENGAGEDMD SERVICES AND CONTENT, AND THIS AGREEMENT, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE EXTENT ALLOWED BY APPLICABLE LAW. EngagedMD does not warrant that any EngagedMD Services will be uninterrupted or error-free, nor that the EngagedMD Services are not susceptible to intrusion, attack or computer virus infection.
9.2 IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ENGAGEDMD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE OR SUPPORT REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (a) CONSTITUTE PERSONAL, LEGAL, MEDICAL OR FINANCIAL ADVICE OR (b) CREATE A WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE ENGAGEDMD SITE, THE ENGAGEDMD SERVICES OR IN CONNECTION WITH ANY ADVERTISER CONTENT OR OTHER MATERIALS DISPLAYED ON ADVERTISER’S WEBSITE(S)CONTENT. STATION DOES YOU SHOULD NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES OR OTHER MATERIAL WILL BE DISPLAYED RELY ON ANY STATIONSUCH INFORMATION OR ADVICE, 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 AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING SPECIFIC ADVICE TAILORED 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 INVESTMENTYOUR SITUATION.
Appears in 1 contract
Samples: Terms of Service
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE ABOVE EXPRESS LIMITED WARRANTY, NEITHER PARTY WINK MAKES ANY REPRESENTATIONS OR WARRANTIESAND TOSHIBA RECEIVES NO WARRANTIES WITH RESPECT TO THE LICENSED WOS TECHNOLOGY, EXPRESS OR EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION STATUTORY OR OTHERWISE, AND WINK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. 7 LIMITATION OF LIABILITY. WINK'S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM TOSHIBA HEREUNDER. IN NO EVENT SHALL EITHER 11 PARTY BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR NON- INFRINGEMENT. ALL SERVICES (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS TECHNOLOGY NOR SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY OTHER PERSON CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT THAT, 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 BY WINK AGAINST TOSHIBA FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING TO THE UNAVAILABILITY BREACH OF THE BROADCAST SIGNALSCOPE OF LICENSES GRANTED IN THIS AGREEMENT, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHEDWINK SHALL BE ENTITLE TO RECOVER LOST PROFITS. STATION MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE RESULTS FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN ADVISED OF SERVICES, INCLUDING WITHOUT LIMITATION, THE NUMBER POSSIBILITY OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS SUCH DAMAGES AND NOTWITHSTANDING ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Appears in 1 contract
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 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 GREENPAY 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, GREENPAY 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. CUSTOMER ACKNOWLEDGES THAT GREENPAY 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 GREENPAY OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. CUSTOMER 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 FOR THE LIMITED WARRANTIES PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, BOTH EXPRESSED AND IMPLIED. LEANPATH, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. LEANPATH DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE CUSTOMER DATA OR WASTE DATA WILL NOT BE LOST OR DAMAGED. YOU EXPRESSLY SET FORTH IN THIS AGREEMENTACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LEANPATH, NEITHER PARTY MAKES ITS SUPPLIERS AND LICENSORS DISCLAIM AND EXCLUDE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR NON- INFRINGEMENTARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. LEANPATH MAKES NO WARRANTIES WITH RESPECT TO SERVICES WHICH ARE PROVIDED AT NO CHARGE, ALL SERVICES (INCLUDING ALL DM SERVICES) OF WHICH 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: Terms of Use
Disclaimer. EXCEPT THE XTENDLIVE SERVICE, AND ANY OTHER MATERIALS AND/OR SERVICES PROVIDED BY XTENDLIVE HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. XTENDLIVE EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS ALL REPRESENTATIONS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIESWARRANTIES AND CONDITIONS WHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS. ALL SERVICES XTENDLIVE DOES NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE XTENDLIVE SERVICE (INCLUDING ALL DM SERVICES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” STATIONOR ANY PART THEREOF), 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 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 WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR SERVICES PROVIDED BY XTENDLIVE: (OR THAT ANY ERRORS WILL BE CORRECTED), OR THAT ANY SERVICES (INCLUDING ANY DM SERVICESA) WILL MEET ADVERTISERCUSTOMER’S REQUIREMENTS OR EXPECTATIONS ANY AUTHORIZED USER’S REQUIREMENTS; (B) WILL BE COMPATIBLE WITH CUSTOMER’S 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 SIGNALAUTHORIZED USER’S NETWORK, 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-THROUGHSCOMPUTER, OR LEADS AND ANY PROMOTIONAL EFFECT THIRD PARTY PRODUCTS OR RETURN SERVICES; (C) WILL BE AVAILABLE ON INVESTMENTAN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE.
Appears in 1 contract
Samples: Terms of Service 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 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: Advertising Agreement
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 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO LIBOR AND ONEKEY® CONTENT PROVIDED BY LIBOR AND ONEKEY® THROUGH THE INTERNET MEMBER SERVICE WEBSITE IS AT YOUR SOLE RISK. THE INTERNET MEMBER SERVICE WEBSITE IS PROVIDED ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND "AS AVAILABLE" BASIS. LIBOR AND ONEKEY® MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, TIMELINESS OR SECURITY OF THE INTERNET MEMBER SERVICE WEBSITE. LIBOR AND ONEKEY® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO THE 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” LIBOR AND “WITH ALL FAULTS.” STATION, ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS ONEKEY® SHALL HAVE NO LIABILITY TO YOU OR RESPONSIBILITY TO ADVERTISER OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON THE INTERNET MEMBER SERVICES WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE 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 INTERNET MEMBER SERVICES WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU 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 SOLELY RESPONSIBLE FOR ANY DAMAGES DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSSES INCURRED BY ADVERTISER RELATING LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE DISCLAIMER SET FORTH IN THE ABOVE PARAGRAPH NOTWITHSTANDING, LIBOR AND ONEKEY® REPRESENT THAT THEY HAVE DONE AND WILL CONTINUE TO DO THE UNAVAILABILITY FOLLOWING: A. LIBOR AND ONEKEY® SHALL EMPLOY SECURITY SYSTEMS CONSISTING OF ENCRYPTION AND "FIREWALL" TECHNOLOGIES TO ENABLE THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) SECURE TRANSMISSION OF DATA ON WHICH ADVERTISER’S ADVERTISEMENTS ARE AIRED OR PUBLISHEDTHE LIBOR AND ONEKEY® NETWORKS. 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.ORDER; AND
Appears in 1 contract
Samples: Terms of Use
Disclaimer. EXCEPT THE SERVICE IS UNSECURE AND YOU ASSUME THE SOLE AND COMPLETE RISK OF ALL COMMUNICATIONS, TRANSACTIONS AND OTHER ACTIVITIES CARRIED OUT VIA THE SERVICE. IN ADDITION, THE AUTHORITY DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, CONTENT OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. THE AUTHORITY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, CONTENT AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THE AUTHORITY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTIES AND ASSURANCES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY 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.” STATIONWITHOUT LIMITING THE FOREGOING DISCLAIMER, 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 AUTHORITY DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THE SERVICE OR OTHER MATERIAL ITS FEATURES OR FUNCTIONS 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), THAT THE SERVICE OR NETWORK OR SYSTEM THAT ANY SERVICES (INCLUDING ANY DM SERVICES) MAKES THE SERVICE AVAILABLE WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MALICIOUS CODETHAT ANY CONTENT OR OTHER INFORMATION TRANSMITTED OR RECEIVED VIA THE SERVICE IS CORRECT, ACCURATE, RELIABLE, APPROPRIATE, GENUINE, SECURE OR SAFE. STATION WILL NO ADVICE OR INFORMATION GIVEN BY THE AUTHORITY OR ITS REPRESENTATIVES SHALL CREATE A REPRESENTATION, WARRANTY, GUARANTY OR ASSURANCE. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND THE AUTHORITY DOES NOT BE LIABLE FOR MAKE ANY DAMAGES REPRESENTATIONS, WARRANTIES, GUARANTIES OR LOSSES INCURRED BY ADVERTISER ASSURANCES 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 RISKS.
Appears in 1 contract
Samples: Wireless Internet Access 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: Privacy Policy
Disclaimer. EXCEPT YOU ACKNOWLEDGE AND ACCEPT THAT: (I) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE WEBSITE AND ITS CONTENT. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (II) WE EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIM ALL WARRANTIES OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS 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- INFRINGEMENTWARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (III) WE EXPRESSLY DISCLAIM ALL WARRANTIES (A) THAT THE WEBSITE AND ITS CONTENT WILL BE ERROR‐FREE OR VIRUS‐FREE; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED AND SECURE; (C) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND (D) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS OR TRUTHFULNESS OF ANY SUBMITTED INFORMATION. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT . YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ITS CONTENT ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT SOME LAWS, REGULATIONS, GUIDELINES AND OTHER MATTERS ADDRESSED IN THE WEBSITE AND ITS CONTENT ARE SUBJECT TO INTERPRETATION AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE ANY CLAIM AGAINST US, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY LOSS, DAMAGE AND EXPENSE OR CLAIM THEREOF RESULTING FROM YOUR USE OF THE WEBSITE AND ITS CONTENT. YOU AGREE THAT THE AVAILABILITY OF THE WEBSITE AND ITS CONTENT SHALL NOT BE CONSTRUED AS THE RENDERING OF ANY TAX, LEGAL, ATTEST, ACCOUNTING, AUDITING OR OTHER PROFESSIONAL, SERVICES OR ADVICE. YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, OR ANY SUBMITTED INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE WEBSITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE US, OUR OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING ALL DM SERVICESWITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE WEBSITE, THE CONTENT, ANY SUBMITTED INFORMATION, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE. IF YOU ARE PROVIDED A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “AS IS” AND “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ALL FAULTSTHE DEBTOR.” STATIONNOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ITS AFFILIATES, SERVICE PROVIDERS YOU AGREE AND VENDORS SHALL HAVE NO ACKNOWLEDGE THAT OUR AGGREGATE 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 INVESTMENTSHALL NOT EXCEED U.S. $10.
Appears in 1 contract
Samples: End User License Agreement
Disclaimer. EXCEPT YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE COMPANY IPR SHALL BE AT YOUR OWN RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION COMPANY IPR ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATIONS OR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTAND COMPLIANCE WITH REGULATORY REǪUIREMENTS. 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 COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY CAMPAIGNS, ADS, DELIVERABLES THE COMPANY IPR AND/OR OTHER MATERIAL WEBSITE WILL BE DISPLAYED ON ANY STATION, STATION WEBSITE UNINTERRUPTED OR DIGITAL PLATFORM WITHOUT INTERRUPTION OR ERROR (OR THAT ANY ERRORS WILL BE CORRECTED)ERROR-FREE, OR THAT ANY SERVICES (INCLUDING ANY DM SERVICESTHE WEBSITE OR THE SERVER(S) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR MAKE ANY DAMAGES REPRESENTATIONS 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 SERVICES, THE USE OF THE COMPANY IPR OR WEBSITE INCLUDING WITHOUT LIMITATIONLIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE NUMBER INFORMATION PROVIDED THROUGH THE WEBSITE MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF IMPRESSIONSYOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE COMPANY IPR. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY IS UNDER NO CIRCUMSTANCES A PARTY TO ANY TRANSACTION YOU ENTER INTO WITH A THIRD PARTY AS A RESULT OF YOUR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN ON INVESTMENTSOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: Terms of Use
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. THE WEBSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR 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 BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14.2 ALL SERVICES THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (INCLUDING ALL DM SERVICESOR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE PROVIDED “THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE WEBSITE SHALL NOT BE LIABLE ON THIS ACCOUNT.
14.3 SINCE THE WEBSITE ACTS ONLY AS IS” A PROJECT/ASSIGNMENT SEARCHING AND “PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN OPPORTUNITY PROVIDER AND THE SKILL PROVIDER AS REGARDS THE TERMS OF PROJECT/ASSIGNMENT OFFERED BY THE OPPORTUNITY PROVIDERS. IN NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE SKILL PROVIDER. FOR OUR PRIMO AND FLEXPERT BASED SERVICE MODELS, FLEXING IT'S LIABILITY SHALL BE BASED ON THE WRITTEN AGREEMENT THAT FLEXING IT HAS WITH ALL FAULTSYOU.” STATION
14.4 IN NO EVENT SHALL THE WEBSITE BE LIABLE FOR ANY DIRECT, ITS AFFILIATESINDIRECT, SERVICE PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO ADVERTISER PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER PERSON WITH RESPECT DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY CLAIMS INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTNUTIES ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
14.5 NEITHER SHALL THE WEBSITE BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY ADVERTISER CONTENT INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHER MATERIALS DISPLAYED OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON ADVERTISERCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE’S WEBSITE(S)CONTROL. STATION DOES NOT REPRESENT OR WARRANT THE USER UNDERSTANDS AND AGREES THAT ANY CAMPAIGNS, ADS, DELIVERABLES MATERIAL AND/OR OTHER MATERIAL DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE DISPLAYED ON SOLELY RESPONSIBLE FOR ANY STATIONDAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
14.6 THESE LIMITATIONS, STATION WEBSITE OR DIGITAL PLATFORM DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT INTERRUPTION OR ERROR REGARD TO WHETHER THE DAMAGES ARISE FROM (OR THAT ANY ERRORS WILL BE CORRECTED)A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR THAT (D) ANY SERVICES (INCLUDING ANY DM SERVICES) WILL MEET ADVERTISER’S REQUIREMENTS OR EXPECTATIONS OR BE FREE OTHER CAUSE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. STATION WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY ADVERTISER RELATING ACTION, TO THE UNAVAILABILITY OF THE BROADCAST SIGNAL, INTERNET OR WEBSITE(S) ON WHICH ADVERTISER’S ADVERTISEMENTS EXTENT SUCH EXCLUSION AND LIMITATIONS 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 INVESTMENTNOT PROHIBITED BY APPLICABLE LAW.
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Samples: Terms of Use Agreement