Disclaimers and Warranties Sample Clauses

Disclaimers and Warranties. 04.01 By operation of the holding of the matter of Xxxxxxxx v. Workers’ Compensation Appeals Board (1987)

Disclaimers and Warranties. A. DISCLAIMERS BY YOUNG LIFE: YOUNG LIFE SHALL NOT BE LIABLE AND GROUP WAIVES, RELEASES, AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY INCLUDING DEATH OF GROUP’S AGENTS OR PARTICIPANTS, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO OR CAUSED BY ANY FIRE, FLOOD, EARTHQUAKE, OR ANY OTHER PERIL, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. B. THESE DISCLAIMERS ARE SUBJECT TO THE INDEMNIFICATION PROVISIONS OF SECTION IV BELOW AND SHALL NOT APPLY TO DAMAGE AND LIABILITY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YOUNG LIFE. C. DISCLAIMER OF WARRANTIES BY YOUNG LIFE: YOUNG LIFE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAMP PREMISES. WITHOUT LIMITATION, YOUNG LIFE MAKES NO WARRANTY AS TO FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. D. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICIPANTS THAT THE CAMP PROPERTIES AND STRUCTURES ARE AVAILABLE ON AN AS IS BASIS AND THEY ARE TO TAKE PRECAUTIONS FOR THEIR OWN SAFETY. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICPANTS THAT YOUNG LIFE CAMP IS A RUSTIC, OUTDOOR CAMP FACILITY WITH THE INHERENT HAZARDS THAT ACCOMPANY OUTDOOR, WILDERNESS ACTIVITIES AND RUSTIC BUILDINGS AND FURNISHINGS.

Disclaimers and Warranties. AURUM (i) will not be responsible for the reliability or continued availability of third party Internet software when integrated at Customer’s request in the Premierecorp Cash Management; (ii) may, upon receipt of written instructions from any network to which AURUM is providing access hereunder, including without limitation a network owned and/or operated by AURUM, immediately cease to provide to Customer, including Customer’s customers, access to such network. AURUM will endeavor to promptly notify Customer of such interruption in network access. Customer will indemnify, defend and hold harmless AURUM from any and all claims, actions, damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, arising out of or resulting from AURUM’s compliance with the written instructions of any network; (iii) while AURUM is primarily providing services to Customer under this Agreement, AURUM may from time to time provide certain hardware, software and other items as an incidental part of its services. With the exception of any manufacturers’ or licensors’ warranties which AURUM is able to obtain, such hardware, software and other items will be provided on an “AS IS” basis without warranty. In all cases, AURUM will use reasonable care in providing information technology services. AURUM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE, OF ANY INFORMATION TECHNOLOGY SERVICE, SOFTWARE, HARDWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT; (iv) is authorized to have access to the marketing, product and services information provided by Customer and to make use of such content as is appropriate for the performance by AURUM of its obligations under this Addendum, including the ability to change the electronic format of the marketing, product and services information, without changing the nature of the content itself, to suit the design of the electronic presence determined by AURUM and Customer. Such information will be and remain the property of Customer.

Disclaimers and Warranties. 8.1 Whilst the Licensee acknowledges and agrees that nothing in this Agreement implies that any trade mxxx applications listed in Annexes 1, 2 or 3 shall proceed to grant or that any registrations listed in those Annexes shall be valid, the Licensor represents and warrants that the said trade marks are registered in the countries listed. 8.2 The Licensor makes no representation or warranty with respect to the use of the Trade Marks in relation to the Services and disclaims to the fullest extent permitted by law all liabilities that may arise from any Services rendered using the Trade Marks. 8.3 The Licensor makes no representation or warranty with respect to the existence of possible third party rights in the Trade Marks or similar marks in the Territory. The Licensor makes no representation or warranty that the use of the Trade Marks by the Licensee in the Territory shall not infringe the rights of any third party. 8.4 The Licensee warrants that it will use the Trade Marks only as authorised under this Agreement, and that it will comply with and follow all appropriate laws, regulations, guidelines, rules and practices, (including the standards of any appropriate professional association) in the Territory with respect to its use of the Trade Marks in relation to the Services. 8.5 The Licensee shall indemnify and keep indemnified the Licensor, the Organization and their Affiliates, assigns and successors, against any and all claims (whether threatened or actual), losses, damages, liabilities, costs, penalties, fines and expenses (including without limitation legal expenses) resulting from or arising out of the performance or non-performance by the Licensee of this Agreement, or resulting from any claim by any third party (including any governmental authority) relating to the distribution, sale, advertising or use of the Services provided using the Trade Marks. 8.6 The Licensor shall indemnify and keep indemnified the Licensee, and its Affiliates, assigns and successors, against any and all claims (whether threatened or actual), losses, damages, liabilities, costs, penalties, fines and expenses (including without limitation legal expenses) resulting from or arising out of the performance or non-performance by the Licensor of this Agreement, provided always that the indemnity under this Clause 8.6 shall not apply to the extent that the Licensee has actual knowledge that its use of the Trade Marks violates the trade mxxx rights of another person or infringes a...

Disclaimers and Warranties. We do our best to keep the Platform running and functioning correctly, but we do not promise that this will always be true. This means that we make no guarantee that: • The Platform will be live and/or available at any given time • The information on the Platform will be correct, accurate or up to date • The Platform will provide any particular results • We will correct any defects • Any information transmitted to or from, or stored on the Platform will be secure from unauthorised access and/or free from any virus, malware, or any other harmful software • Content and information you store on the Platform will always be retrievable and uncorrupted We do not guarantee the correctness, precision or completeness of any of the information available on the Platform, and we may not be held liable for any inaccuracy or omission regarding any of the information on the Platform. We reserve the right to update, change or correct any information on the Platform at any time. We are not responsible for disputes between Users or between Users and third parties. We are not liable or responsible for any content, information or anything else uploaded or posted to the Platform by Users.

Disclaimers and Warranties. Participating Customer recognizes that not all Project production risk factors are within Utility’s or WPPI’s control. ALL WARRANTIES RELATING TO THE PROJECT, ITS EQUIPMENT, PERFORMANCE, AND OUTPUT OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, ARE HEREBY DISCLAIMED.

Disclaimers and Warranties. 8.1. You agree that your use of the Website is at your sole risk. 8.2. You are solely responsible for the User Information that you provide on the Website. Iosynth does not own, control, recommend, or endorse any such User Information that you make available through the Website and disclaims all liabilities or warranties arising out of or in connection with any User Information. 8.3. To the extent permitted by applicable law, the Website is provided on an “as is” and “as available” basis. Iosynth does not warrant that operation of the Website will be uninterrupted or error free or that the functions contained in the Website will meet your requirements. 8.4. To the fullest extent permissible under applicable law, Iosynth expressly disclaims all warranties of any kind, express or implied, arising out of the Website, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non- infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. 8.5. You agree that Iosynth will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your access or use of the Website. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage. 8.6. You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge that Iosynth shall have absolutely no liability in this regard. 8.7. To the fullest extent permissible by law, Iosynth, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: (a) your use of, inability to use, or availability or unavailability of the Website; (b) the occurrence or existence of any defect, interruption, delays in the operation or transmission of information to, from, or through the Website, communications failure, theft, destruction or unauthorised access to Iosynth’s records; (c) programmes, services, server, or other infrastructure relating to the Website; (d) the Website being infected with any malicious code or viru...

Disclaimers and Warranties. YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XXXXXXXXXXXXXXXX.XXX AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO XXXXXXXXXXXXXXXX.XXX OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, XXXXXXXXXXXXXXXX.XXX MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. XXXXXXXXXXXXXXXX.XXX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

Disclaimers and Warranties. 1. Unless stated in the Additional Terms, the services and software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that (A) the services or software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the services or software will be effective, accurate, or reliable; (C) the quality of the services or software will meet your expectations; or (D) any errors or defects in the services or software will be corrected. 2. We specifically disclaim all liability for any actions resulting from your use of any services or software. You may use and access the services or software 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 use of and access to any service or software. 3. We are not responsible for your user-generated content that you publicly shared on other websites or social media.

Disclaimers and Warranties. 5.1 Data Provider understands and agrees that its Data (including any weblinks) is shared by GS1 Australia with Data Recipients (which may include consumers) through both local and global GS1 Services such as but not limited to the GS1 Registry Platform. 5.2 Data Provider understands that Data will be validated against and shall comply with the GS1 GSMP approved data validation rules and any other technical specifications that may be implemented and/or as amended from time to time. Data Provider shall be responsible for the quality of the data. 5.3 Data Provider represents and warrants that its Data: (a) originates from, is authorised or approved (validated) by the Data Provider; (b) does not violate any third-party rights, including privacy rights, copyrights, trademarks, patents or other intellectual property rights of any third party, or violates any applicable laws or regulations; and (c) does not contain any virus, Trojans, worms, logic bombs or any other materials which are malicious or technologically harmful. 5.4 GS1 Australia does not represent or warrant that the Manage My Products service will be secure or free from error or interruption. 5.5 GS1 Australia does not represent or warrant that the Manage My Products service and the Data are suitable for any regulatory purpose, including without limitation any regulatory reporting requirements in the healthcare sector. To the fullest extent permitted by law, GS1 Australia makes no representations or warranties, express, implied or otherwise, regarding any matter, including the Data, and the Manage My Products service. Any such representations or warranties are expressly disclaimed.