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 xxxx 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 xxxx rights of another person or infringes a...

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. 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. 11.1. We do not warrant the accuracy, suitability, or correctness of any Financial Information that is made available on or through the Services. 11.2. The Platform and the Services are provided by us on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that: a. the Platform or the Services will meet your requirements or expectations, or that your use of the Services will be uninterrupted, timely, secure, or error-free; and/or b. any errors or defects in the Platform will be corrected. 11.3. No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms. 11.4. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard. 11.5. To the fullest extent permissible by law, we, our affiliates, and related parties each disclaim all liability towards 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 Services; b. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services; or c. the failure of the Services to remain operational for any period of time. 11.6. To the maximum extent under Applicable Law, you agree to waive, release, discharge, and hold harmless us, our affiliated and subsidiary companies, their parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services. 11.7. Further, all Financial Information obtained from Financial Information Providers may be based on delayed feeds and may not reflect the real-time/rates. The Company shall not be responsible for any errors or delays in the Financial Information provided to end users as part of its Services or for any actions taken by end users in reliance thereon.

Disclaimers and Warranties. (a) PROVIDER SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE TECHNOLOGIES INCORPORATED INTO THE PROJECT EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) OTHER THAN SET FORTH EXPRESSLY IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OF ANY KIND TO USER AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE IN THE TRADE.

Disclaimers and Warranties. 04.01 By operation of the holding of the matter of Xxxxxxxx v. Workers’ Compensation Appeals Board (1987) 195 Cal.App3d 637; 350 Cal.Rptr. 811 it is apparent that a TRAINEE who is injured in the course and scope of his or her participation in the PROGRAM may be deemed an “employee” for purposes of the Workers’ Compensation Act. It is the intent of these parties hereto that Westmed not bear the risk of the payment of Workers’ Compensation benefits to such an injured TRAINEE and thus this agreement expressly allocates that risk to SCHOOL. 04.02 Westmed agrees, by operation of this agreement, to provide a benefit to SCHOOL in the form of placement of TRAINEES in the PROGRAM. To the extent that any TRAINEE receives any educational benefit from participation in the PROGRAM, this benefit is provided to TRAINEE by SCHOOL. It is expressly agreed and understood by SCHOOL and Westmed that the TRAINEES under this PROGRAM are in attendance with Westmed for educational purposes, and they are not considered to be employees of Westmed for any purpose, including, but not limited to, compensation for services, employee welfare and pension benefits or workers’ compensation insurance. SCHOOL expressly warrants that all TRAINEES are not employees of Westmed and SCHOOL shall be stopped hereby to assert the same. SCHOOL by executing this agreement, agrees that it will not assert in any future civil proceedings or before WCAB the status of Westmed as the employer of TRAINEES. It shall be the duty of SCHOOL to notify each TRAINEE that the TRAINEE has no employment relationship with Westmed and to include a statement to this effect in each contract executed by a TRAINEE prior to participation in the PROGRAM. 04.03 SCHOOL agrees to indemnify and hold harmless Westmed from any and all liability that arises in any manner from any injury to TRAINEE which occurs in the course and scope of the PROGRAM. This duty of indemnity shall include a duty of Workers’ Compensation defense if a claim is brought against Westmed. 04.04 In the event that a claim, cause of action, or other liability arises for Westmed which comes as a result of any injury to any other District employee or agent accompanying Westmed during the performance of its duties (e.g. observers), SCHOOL agrees to indemnify and hold harmless Westmed from all claims (including reasonable attorney’s fees), regardless of the presence or validity of any release executed by the injured person. 04.05 It is agreed and understood that the...

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.