Disclaimers and Liabilities. 7.1 To the maximum extent permitted under Applicable Laws, the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. To the maximum extent permitted under Applicable Laws, we disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
Disclaimers and Liabilities o 7.1 We will use reasonable endeavours to ensure that Sage Business Cloud will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the Sage Business Cloud or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxxxxxxxxx.xxxxxxx.xx.xx.
o 7.2 We do not warrant:
2.1 that Sage Business Cloud or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, Sage "Sage Business Cloud" and server will be free from attack;
Disclaimers and Liabilities. 8.1. The BEE123 Portal is provided on an “as is” basis, and BEE123 and its directors, members, employees, content providers, agents, Affiliates and Contractors exclude, to the fullest extent permitted by applicable law, any warranty of any kind, whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, non-infringement, title, security and compatibility. It is the Client’s sole responsibility to satisfy itself prior to entering into this Agreement that the Services and the BEE123 Portal will meet its individual requirements and be compatible with its hardware and/or software. The functions embodied on or in the materials of the BEE123 Portal or the Services are not warranted to be uninterrupted or without error, and BEE123 does not warrant that any results of use will be correct, accurate or reliable, or that any defects in the BEE123 Portal or Services can or will be corrected. The Client, not BEE123, assumes the entire cost of all necessary servicing, repair or correction due to the use of the BEE123 Portal or the Services by the Client and its End Users.
8.2. Subject to clauses 3, 4, 8 and 9 and the Client’s compliance with the terms of this Agreement, BEE123 will use reasonable endeavours to ensure that the BEE123 Portal will give the functionality and levels of service as described on the BEE123 Portal, when used in accordance with this Agreement and BEE123’s requirements and directions (as made available on the BEE123 Portal or notified to the Client in writing) from time to time.
8.3. BEE123 will use reasonable endeavours to keep the BEE123 Portal and Services available at all times, however, BEE123 does not warrant that the BEE123 Portal will be continuously available, or that the Client’s use of BEE123 Portal or the Services will be uninterrupted or error-free, or that BEE123’s server(s) will be free from attack.
8.4. While BEE123 will use reasonable efforts to ensure that all information it provides on the BEE123 Portal and/or Services is correct and complete at the time of the last update to the relevant Page, BEE123 makes no representations or warranties as to such information’s accuracy, adequacy, correctness, quality or reliability. The Client bears all risks from any use or results of using any information or the Services and are solely responsible for validating the integrity of any information received from the BEE123 Portal and the Services.
8.5. BEE123 does not warrant, whether expressly ...
Disclaimers and Liabilities. 1. We will use reasonable endeavours to ensure that the SmartPractice software will give the functionality and levels of service as described on the Website when used in accordance with it and this Agreement. If you believe our provision of the SmartPractice software or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxxxxxxxxxxxx.xx.xx
2. We do not warrant:
1. that the SmartPractice software or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug-free, or that the Website, the SmartPractice software and server will be free from attack;
2. that all the information we provide on the SmartPractice software, and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on the SmartPractice software, and the Website is correct and complete at the time of the last update to the relevant page;
3. that the SmartPractice software or the Website will meet your requirements, and, for this purpose, it is specifically recorded that the SmartPractice software is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
4. that the SmartPractice software or the Website results of use will be correct, accurate or reliable;
5. that any defects in the SmartPractice software or the Website can or will be corrected.
3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, SmartPractice (including its directors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the following:
1. access to the SmartPractice ...
Disclaimers and Liabilities. (a) While the Bank shall make diligent efforts in its performance of the Reimbursable Advisory Services, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any recommendation contained in any work product prepared by or with the assistance of the Bank or Bank Personnel.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Recipient or other third party for any loss, cost, damage or liability that the Recipient shall incur as a result of the Reimbursable Advisory Services, except for those resulting from the gross negligence or willful misconduct of the Bank or Bank Personnel. Notwithstanding anything herein, the Bank’s liability, if any, to the Recipient hereunder shall not extend to any indirect, punitive or consequential damage, loss of profit or loss of opportunity, nor shall it exceed the amount of the professional fees received by the Bank for its account under this Agreement.
(c) The Parties acknowledge and agree that it is not the purpose of this Agreement to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis-a-vis third parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Recipient in respect of a project or otherwise.
Disclaimers and Liabilities. (a) While the Bank will make diligent efforts in its performance of the Technical Cooperation, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any recommendation contained in any work product prepared by or with the assistance of the Bank or Bank Personnel.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Recipientsor other third party for any loss, cost, damage or liability that the Recipientsshall incur as a result of the Technical Cooperation.
(c) The Parties acknowledge and agree that it is not the purpose of this Agreement to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis- a-vis third Parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Recipients in respect of the Project or otherwise. 8.
Disclaimers and Liabilities. 5.1 The City has no duty to access the Public Access VID nor to service or install any cameras on the BUSINESS's behalf nor on the City's behalf. The City acknowledges that the BUSINESS retains sole ownership of, sole responsibility for and exclusive control of the BUSINESS Surveillance System. The BUSINESS acknowledges that the City retains sole ownership of, sole responsibility for and exclusive control of the City Surveillance System. The BUSINESS has no obligation to service or install any cameras for or on behalf of the City.
5.2 EXCEPT AS SPECIFICALLY SET FORTH OTHERWISE IN THIS MOU, THE CITY AND BUSINESS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO EITHER THE CITY SURVEILLANCE SYSTEM OR THE BUSINESS SURVEILLANCE SYSTEM, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH WITHOUT LIMITING THE FOREGOING ARE DISCLAIMED BY BOTH PARTIES.
5.3 This MOU is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between the Parties. The rights and the obligations of the Parties are limited to those expressly set forth in this MOU. The Parties acknowledge that they are not a representative, employee, agent, or partner of the other Party.
Disclaimers and Liabilities. (a) Company acknowledges that City, in City's sole discretion, may or may not exercise City Access. City has no duty to access the Public Access video. During the Term, the City may opt to access the Public Access video at such times as the City wishes, in its sole discretion, in accordance with the terms of this MOU. Company further acknowledges that City is not obligated in any way to Company to access the Public Access video at any time and that the City's intent with respect to City Access is solely to enhance overall public safety capabilities. City acknowledges that Company retains sole ownership of and exclusive control of the System.
(b) The City and Company shall have the duty to inform each other if the System is not operational.
3.2 EXCEPT AS SPECIFICALLY SET FORTH OTHERWISE IN THIS MOU, COMPANY MAKES NO REPRESENTATION OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH, WITHOUT LIMITING THE FOREGOING, ARE DISCLAIMED BY COMPANY.
3.3 This MOU is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Company and the City. Company and City acknowledge that they are not a representative, employee, agent, or partner of the other party.
Disclaimers and Liabilities. 11.1. The User uses the Website at their own risk.
11.2. This Website is provided by the Company on an "as is" and "as available" basis.
11.3. Unless otherwise explicitly stated, the content on this website is provided "as is", "with all faults", and is for commercial use only.
11.4. No advice or information, whether oral or written, obtained by the User from the Company or from the Website will create any warranty or condition not expressly stated in the terms.
11.5. The Company’s employees are not authorised to vary any of the terms.
11.6. The Company will use reasonable endeavours to ensure that Action Assist will give the functionality and levels of service as described on the Company’s website, when used in accordance with it and this Agreement. If a Subscriber believes that our provision of Action Assist does not conform to this undertaking, the Subscriber should notify us by email at xxxx@xxxxxxxxxxxx.xx.xx.
11.7. The Company does not warrant:
11.7.1. that Action Assist will be continuously available, or that Subscribers use thereof will be uninterrupted or error or bug free, or that the Action Assist server will be free from attack;
11.7.2. that all the information the Company provides on Action Assist is correct and complete, but the Company nevertheless undertakes to use our reasonable endeavours to ensure that all the information the Company provides on Action Assist is correct and complete at the time of the last update to the relevant page;
11.7.3. that Action Assist will meet the Subscribers requirements, and, for this purpose, it is specifically recorded that Action Assist is provided "as is" and it is the Subscribers responsibility to satisfy themselves that it meets the Subscriber’s requirements and is compatible with the Subscriber’s hardware and software prior to making use thereof;
11.7.4. that Action Assist results of use will be correct, accurate or reliable;
11.7.5. that any defects in the Action Assist can or will be corrected.
11.8. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, the Company (including its directors, employees, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and Subscriber agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, d...
Disclaimers and Liabilities. (a) While the Bank shall exercise the same care and diligence in the performance of the Advisory Services as it does in its other analytical and advisory activities, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any advice provided as part of the Advisory Services. If during the carrying out of the Advisory Services the Client implements the advice provided by the Bank in a manner that is not consistent with such advice, the Bank may immediately terminate this Agreement.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Client or other third party for any loss, cost, damage or liability that the Client shall incur as a result of the Advisory Services, except for those resulting from the gross negligence or willful misconduct of the Bank or Bank Personnel. Notwithstanding anything herein, the Bank’s liability, if any, to the Client hereunder shall not extend to any indirect, punitive or consequential damage, loss of profit or loss of opportunity, nor shall it exceed the amount of the professional fees received by the Bank for its account under this Agreement.
(c) The purpose of this Agreement is not to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis-a-vis third Parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Client.
