Common use of Disclaimers of Warranties Clause in Contracts

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 4 contracts

Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Agreement

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Disclaimers of Warranties. YOU AGREE THAT YOUR USE PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8NEITHER US, GEOTRUST DOES NOT MAKE NOR ANY REPRESENTATIONOF OUR SUBSIDIARIES OR AFFILIATES, WARRANTYNOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, GUARANTEELICENSEES, TERMSERVICE PROVIDERS, OR CONDITION SUPPLIERS WARRANT THAT ANY SERVICE FUNCTION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE PROVIDERS OR ERROR FREE; NOR DOES GEOTRUST SUPPLIERS WARRANT OR MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM REPRESENTATIONS REGARDING THE USE OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR TO THE ACCURACY OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR RELIABILITY OF ANY INFORMATION INFORMATION, OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYOUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

Appears in 4 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND AS AVAILABLE BASISITS CPS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST TREND MICRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONSAND MAKES NO REPRESENTATION, WARRANTIES, GUARANTEES, TERMS WARRANTY OR CONDITIONS COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED THOSE WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF A CERTIFICATE OR ANY SERVICE (INCLUDING, SATISFACTORY QUALITY WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR (III) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-INFRINGEMENT. OTHER THAN REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, SUBSCRIBER AND/OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELYING PARTY INVOLVING THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICERELIANCE UPON A CERTIFICATE. YOU UNDERSTAND IT IS UNDERSTOOD AND AGREE AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT ANY MATERIAL IN USING AND/OR DATA DOWNLOADED RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND RISK. ALL LIABILITY TO THE EXTENT JURISDICTIONS SUBSCRIBERS AND RELYING PARTIES WHO DO NOT ALLOW FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE EXCLUSION OF CERTAIN REPRESENTATIONSSITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN TREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, WARRANTIES OR GUARANTEEShardware or telecommunications or networking equipment utilized in connection with the use, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUissuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYSubscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 3 contracts

Samples: SSL Basic Terms of Service, SSL Basic Terms of Service, www.trendmicro.co.jp

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(Sa) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED EXPRESSLY SET FORTH IN THIS SUBSCRIBER AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE LICENSED INTELLECTUAL PROPERTY, THE SERVICES, OR THE PROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. GEOTRUST EXCEPT AS EXPRESSLY WARRANTED HEREIN, ALTISOURCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, OTHER WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED THOSE TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST ALTISOURCE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANT THAT ANY SERVICE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS, ALL OF OCWEN’S REQUIREMENTS OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE ANY SOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), BE FREE FROM PROGRAMMING OR OTHER ERRORS, OR WILL BE SAFE FROM VIRUSES, WORMS OR SECURITY BREACHES. ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO THE ACCURACY OR RELIABILITY OF MAKE ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYON ALTISOURCE’S BEHALF.

Appears in 3 contracts

Samples: Intellectual Property Agreement (Altisource Portfolio Solutions S.A.), Intellectual Property Agreement (Ocwen Financial Corp), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.)

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED SET FORTH IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSSECTION 10(A), NEITHER ANTHEM NOR ANTHEM’S LICENSORS AND OTHER BUSINESS PARTNERS (INCLUDING, WITHOUT LIMITATION, ANTHEM) MAKE ANY WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE OR PURPOSE AND NONINFRINGEMENT, SATISFACTORY QUALITY REGARDING THE ANTHEM SERVICE OR ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT. THE ANTHEM SERVICE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS ANTHEM SITE ARE PROVIDED “AS IS” AND WARRANTIES AS SET FORTH THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERMTHE ANTHEM SERVICES AND THE ANTHEM SITE, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSMATERIALS OR CONTENT CONTAINED THEREIN, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELYIMPERVIOUS TO “HACKERS”, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTYOR THAT DEFECTS WILL BE CORRECTED. FURTHER, GUARANTEEANTHEM MAKES NO WARRANTIES REGARDING, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY COVERAGE, RIGHT TO COVERAGE, ELIGIBILITY, CLAIMS, ENROLLMENT, BENEFITS, PREMIUMS, CONDITIONS, EXCLUSIONS OR ANY PRODUCTS AND/OTHER TERMS WHICH MAY BE AVAILABLE OR SERVICES PURCHASED AGREED TO UNDER ANY SUCH AGREEMENTS ENTERED INTO WITH OR POLICIES ISSUED BY YOU FROM A THIRD PARTYVENDORS.

Appears in 2 contracts

Samples: Inquiry Producer Usage Agreement, Producer Usage Agreement

Disclaimers of Warranties. YOU AGREE PURCHASER UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT YOUR USE IT IS PURCHASING EACH AIRCRAFT “AS IS’ AND “WHERE IS” AND THAT EXCEPT FOR THE WARRANTY OF GEOTRUST'S SERVICE(SGOOD, MARKETABLE TITLE TO THE APPLICABLE AIRCRAFT, FREE AND CLEAR OF ANY AND ALL LIENS ARISING BY, THROUGH OR UNDER SELLER OR THE APPLICABLE OWNER PARTICIPANT, THE APPLICABLE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF THE TECHNICAL DOCUMENTS APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR INFORMATION SOLD AND PROVIDED HEREUNDER) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE SOLD AND PROVIDED ON AN "AS IS" AND AS AVAILABLE ” “WHERE IS” BASIS, EXCEPT AS OTHERWISE NOTED WITH ALL FAULTS AND WITHOUT RECOURSE TO SELLER OR THE APPLICABLE OWNER PARTICIPANT. THE WARRANTIES EXPRESSLY SET FORTH IN THIS SUBSCRIBER AGREEMENT. GEOTRUST AGREEMENT AND THE OBLIGATIONS AND LIABILITIES OF SELLER AND THE APPLICABLE OWNER PARTICIPANT HEREUNDER ARE EXPRESSLY DISCLAIMS IN LIEU OF, AND SELLER AND THE APPLICABLE OWNER PARTICIPANT WILL NOT BE DEEMED TO HAVE MADE, AND PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY AND ALL RIGHTS AND REMEDIES IT MAY HAVE AGAINST SELLER OR THE APPLICABLE OWNER PARTICIPANT, WHETHER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY IN TORT OR ARISING FROM NEGLIGENCE, STRICT LIABILITY OR FOR LOSS OR INTERRUPTION OF USE, PROFIT OR BUSINESS OR OTHER CONSEQUENTIAL INJURY, RELATING TO ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEESDUTIES, TERMS OR CONDITIONS OBLIGATIONS, LIABILITIES AND GUARANTEES OF ANY KINDKIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE APPLICABLE AIRCRAFT OR THE AIRWORTHINESS THEREOF (INCLUDING BUT NOT LIMITED THOSE TO THE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF MERCHANTABILITYTHE TECHNICAL DOCUMENTS AND OTHER DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, FITNESS FOR A PARTICULAR PURPOSEAND ANY OTHER EQUIPMENT, SATISFACTORY QUALITY PART, DATA OR INFORMATION SOLD AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERMPROVIDED HEREUNDER), OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSTHE VALUE, CONDITION, DESIGN, OPERATION, DURABILITY OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS COMPLIANCE WITH SPECIFICATION OF SUCH AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF THE SERVICE AIRCRAFT DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND SOLD AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO PROVIDED HEREUNDER), INCLUDING, BUT NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.LIMITED TO:

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Hawaiian Holdings Inc)

Disclaimers of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: (a) YOUR USE OF GEOTRUST'S SERVICE(STHE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ; (b) THE SERVICES, THE SITE, AND ALL SUCH SERVICES CONTENT AND PRODUCTS ASSOCIATED WITH CCCU ARE BEING PROVIDED ON AN "AS IS" AND AS AVAILABLE BASISAVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD-PARTY SERVICES, IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WHOLE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED THOSE (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT. OTHER THAN THE , (ii) REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, THAT THE SITE OR CONDITION THAT ANY SERVICE THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY SERVICE ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURE VIRUS-FREE OR ERROR ERROR-FREE; NOR DOES GEOTRUST MAKE , AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY REPRESENTATIONINFORMATION OBTAINED THROUGH THE SERVICES, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR TO THAT THE ACCURACY SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT SOFTWARE; (d) ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCCU THROUGH OR FROM THE EXTENT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSWARRANTIES, WARRANTIES OR GUARANTEES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS Limitations on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT RESPONSIBLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND SHALL HAVE NO WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY PRODUCTS AND/INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES PURCHASED OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CCCU AND YOU. CCCU WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY US IN EXCESS OF $1.00. THIS LIMITED REMEDY IS AGREED TO BY YOU FROM AND CCCU AND SURVIVES A THIRD PARTYFAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED EXPRESSLY SET FORTH IN THIS SUBSCRIBER AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE LICENSED INTELLECTUAL PROPERTY, THE SERVICES, OR THE PROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. GEOTRUST EXCEPT AS EXPRESSLY WARRANTED HEREIN, ALTISOURCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, OTHER WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED THOSE TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST ALTISOURCE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANT THAT ANY SERVICE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL MEET YOUR ALL OF OCWEN’S REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE ANY SOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), BE FREE FROM PROGRAMMING OR OTHER ERRORS, OR WILL BE SAFE FROM VIRUSES, WORMS, OR SECURITY BREACHES. ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO THE ACCURACY OR RELIABILITY OF MAKE ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYON ALTISOURCE’S BEHALF.

Appears in 2 contracts

Samples: Intellectual Property Agreement (Ocwen Financial Corp), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.)

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENTNONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 2 contracts

Samples: Subscriber Agreement, Subscriber Agreement

Disclaimers of Warranties. 6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) THIS WEBSITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ALL SUCH SERVICES INFORMATION AND CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIEDAND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED THOSE TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST XXXXXXXX XXXXXXX DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANT THAT ANY SERVICE INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY CAROLINA THEATRE SERVICE, DATABASE OR OTHER MATERIAL OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY CAROLINA THEATRE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY SERVICE DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE CAN BE CORRECTED. IN NO EVENT SHALL CAROLINA THEATRE HAVE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR CONDITION AS PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE RESULTS THAT SUBJECT MATTER OF THIS WEBSITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSIMPLIED WARRANTIES, WARRANTIES OR GUARANTEES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 2 contracts

Samples: carolinatheatre.com, carolinatheatre.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH A. NASDAQ WILL ENDEAVOR TO OFFER THE SERVICES ARE PROVIDED ON AN "AS IS" PROMPTLY AND AS AVAILABLE BASIS, EXCEPT ACCURATELY AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENTSERVICE. OTHER THAN IN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF A FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL MEET YOUR REQUIREMENTSENDEAVOR, OR GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE WILL BE UNINTERRUPTEDIS NOT AVAILABLE, TIMELYIS DELAYED, SECURE IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR ERROR FREE; NOR DOES GEOTRUST MAKE IS OTHERWISE MATERIALLY AFFECTED FOR ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR CONDITION AS MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE RESULTS FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE OBTAINED AVAILABLE PURSUANT TO THE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE USE SERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. IN THE EVENT THAT THE SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE ACCURACY NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RELIABILITY RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYNASDAQ U.S. EXCHANGE.

Appears in 2 contracts

Samples: S. Services Agreement, S. Services Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR THE CONNECTOR’S USE OF GEOTRUST'S SERVICE(S) THE REFERRAL TOOL AND WEBSITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ALL SUCH SERVICES THE REFERRAL TOOL AND WEBSITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE AVAILABLE” BASIS. UNCOMMONGOOD AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED THOSE TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY TITLE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS UNCOMMONGOOD AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, NO WARRANTY OR CONDITION THAT ANY SERVICE THE REFERRAL TOOL OR WEBSITE (A) WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE (B) WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR ERROR-FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO (C) THE RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE, OR (D) THE USE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL COMPRISED IN OR ASSOCIATED WITH IT WILL MEET YOUR EXPECTATIONS. FURTHER, WE MAY, AT OUR SOLE DISCRETION, STOP SERVICE OF THE SERVICE REFERRAL TOOL OR WEBSITE AT ANY TIME WITHOUT LIABILITY TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICECONNECTOR. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. ALSO, WE DISCLAIM LIABILITY TO THE CONNECTOR TO THE SAME EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY AS TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/INCIDENTS ARISING FROM THIRD-PARTY ELEMENTS OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYTHAT THE REFERRAL TOOL OR WEBSITE USES.

Appears in 1 contract

Samples: Referral Agreement

Disclaimers of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: (a) YOUR USE OF GEOTRUST'S SERVICE(STHE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ; (b) THE SERVICES, THE SITE, AND ALL SUCH SERVICES CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASISAVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD-PARTY SERVICES, IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WHOLE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED THOSE (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT. OTHER THAN THE , (ii) REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, THAT THE SITE OR CONDITION THAT ANY SERVICE THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY SERVICE ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURE VIRUS-FREE OR ERROR ERROR-FREE; NOR DOES GEOTRUST MAKE , AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY REPRESENTATIONINFORMATION OBTAINED THROUGH THE SERVICES, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR TO THAT THE ACCURACY SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT SOFTWARE; (d) ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MX THROUGH OR FROM THE EXTENT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSWARRANTIES, WARRANTIES OR GUARANTEES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS Limitations on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT RESPONSIBLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND SHALL HAVE NO WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY PRODUCTS AND/INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES PURCHASED OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU FROM AND MX AND SURVIVES A THIRD PARTYFAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: www.suffolkfcu.org

Disclaimers of Warranties. WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, SOLAR OUTPUT, OR XXXX CREDIT AMOUNT. WE DO NOT SELL, TRANSMIT OR DISTRIBUTE SOLAR ELECTRICITY TO YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN UNDER THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS WE DO NOT PROVIDE YOU WITH OWNERSHIP OF, OR ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL REPRESENTATIONSOF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF OR THE PROGRAM OR THE XXXX CREDIT RATE, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THAT THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES UTILITY WILL NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, CORRECTIONS OR CONDITION ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, CHANGE TO STATE OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE FEDERAL LAW OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS CHANGES TO THE RESULTS THAT MAY UTILITY TARIFF OR THE PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE OBTAINED FROM INELIGIBLE FOR THE USE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY COMPANY SHALL CREATE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYTHIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) THE SYMPHEOS SAAS SOLUTION IS SOLELY AT YOUR OWN RISKRISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "Any content included in the Sympheos SaaS Solution is for the purpose of providing information to permit the analysis of Your Data. Although Xxxxxx believes the data displayed in the Sympheos SaaS Solution to be accurate at the time it is transmitted to the Sympheos SaaS Solution, Xxxxxx makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event xxxx Xxxxxx be liable to You for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the Sympheos SaaS Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE SYMPHEOS SAAS SOLUTION “AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS AVAILABLE” WITH ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED THOSE TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE AND QUALITY AND NONOF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX OR AN XXXXXX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Xxxxxx, its affiliates and its third-INFRINGEMENTparty providers do not guarantee that the functions contained in the Sympheos SaaS Solution will meet Your requirements or that its operation will be uninterrupted or error-free. OTHER THAN THE REPRESENTATIONS To the extent that applicable law requires Xxxxxx to provide warranties, You agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law. IN NO EVENT SHALL XXXXXX PROVIDE ANY WARRANTY OR REPRESENTATION FOR ANY THIRD- PARTY HARDWARE OR SOFTWARE, AND WARRANTIES AS SET FORTH IN SECTION 8XXXXXX DISCLAIMS ALL LIABILITY FOR ANY FAILURES THEREOF. XXXXXX DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR CLAIMS AGAINST XXXXXX OR ANY OF ITS AFFILIATES, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERMAGENTS OR ASSIGNEES, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSOTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS AND CONDITIONS. SOME COUNTRIES, OR THAT ANY SERVICE WILL BE UNINTERRUPTEDSTATES, TIMELYPROVINCES, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION DISCLAIMERS OF CERTAIN REPRESENTATIONSWARRANTIES, WARRANTIES OR GUARANTEES, SOME OF SO THE ABOVE EXCLUSIONS DISCLAIMERS MAY NOT APPLY TO YOU. GEOTRUST IS YOU IN THEIR ENTIRETY TO THE EXTENT NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYALLOWED.

Appears in 1 contract

Samples: sympheos.abbott

Disclaimers of Warranties. YOU AGREE AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THE EXCHANGE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, SOFTWARE, OR OTHER INFORMATION PROVIDED IN CONNECTION THEREWITH AND THAT ALL SUCH THE SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT” BASIS AT AUTHORIZED CUSTOMER’S SOLE RISK. GEOTRUST THE EXCHANGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONSANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE EXCHANGE, WARRANTIESNASDAQ NOR THEIR DIRECTORS, GUARANTEESMANAGERS, TERMS OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES, OR CONDITIONS AGENTS MAKE ANY WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO AUTHORIZED CUSTOMER FOR, (I) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, OR CONTINUED AVAILABILITY OF THE SERVICES, (II) ERRORS, DEFECTS, DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE SERVICES, (III) THE CREDITWORTHINESS OF ANY KINDOTHER AUTHORIZED CUSTOMER, WHETHER EXPRESS OR IMPLIED(IV) THE ACTS OR OMISSIONS OF ANY USERS AUTHORIZED BY AUTHORIZED CUSTOMER TO USE THE SERVICES ON BEHALF OF AUTHORIZED CUSTOMER. THE EXCHANGE WILL HAVE NO DUTY OR OBLIGATION TO VERIFY THE ACCURACY OR CORRECTNESS OF ANY INFORMATION MADE AVAILABLE THROUGH OR ON THE SERVICES. AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCHANGE DOES NOT AND SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY DECISIONS MADE BY AUTHORIZED CUSTOMER AND THAT THE EXCHANGE IS NOT A FIDUCIARY OF AUTHORIZED CUSTOMER. WITHOUT LIMITATION OF THE FOREGOING, THE AUTHORIZED CUSTOMER ACKNOWLEDGES, AGREES AND ACCEPTS THAT THE EXCHANGE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO THE AUTHORIZED CUSTOMER’S RELATIONSHIP OR DEALINGS WITH ITS OWN CUSTOMERS, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM EXECUTION OF TRANSACTIONS OR THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH THE TRADING SYSTEM IN CONNECTION WITH THE AUTHORIZED CUSTOMER’S USE OF THE SERVICE OR TO SERVICES, ALL OF WHICH SHALL BE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME SOLE RESPONSIBILITY OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYAUTHORIZED CUSTOMER.

Appears in 1 contract

Samples: Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH A. NASDAQ WILL ENDEAVOR TO OFFER THE SERVICES ARE PROVIDED ON AN "AS IS" PROMPTLY AND AS AVAILABLE BASIS, EXCEPT ACCURATELY AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENTSERVICE. OTHER THAN IN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF A FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL MEET YOUR REQUIREMENTSENDEAVOR, OR GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE WILL BE UNINTERRUPTEDIS NOT AVAILABLE, TIMELYIS DELAYED, SECURE IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR ERROR FREE; NOR DOES GEOTRUST MAKE IS OTHERWISE MATERIALLY AFFECTED FOR ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR CONDITION AS MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE RESULTS FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE OBTAINED AVAILABLE PURSUANT TO THE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE USE SERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. IN THE EVENT THAT THE SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE ACCURACY NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RELIABILITY RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYNASDAQ U.S. EXCHANGE.

Appears in 1 contract

Samples: S. Services Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND AS AVAILABLE BASISITS CPS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST ENTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSAND MAKES NO REPRESENTATION, WARRANTIES, GUARANTEES, TERMS WARRANTY OR CONDITIONS COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED THOSE WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF A CERTIFICATE OR ANY SERVICE (INCLUDING, SATISFACTORY QUALITY WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY ENTRUST AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ENTRUST FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR (III) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY ENTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO ENTRUST AND RELIED UPON BY A RELYING PARTY. ENTRUST DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-INFRINGEMENT. OTHER THAN REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, SUBSCRIBER AND/OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELYING PARTY INVOLVING THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICERELIANCE UPON A CERTIFICATE. YOU UNDERSTAND IT IS UNDERSTOOD AND AGREE AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT ANY MATERIAL IN USING AND/OR DATA DOWNLOADED RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION HAS BEEN REVOKED. ENTRUST HEREBY DISCLAIMS ANY AND RISK. ALL LIABILITY TO THE EXTENT JURISDICTIONS SUBSCRIBERS AND RELYING PARTIES WHO DO NOT ALLOW FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE EXCLUSION OF CERTAIN REPRESENTATIONSSITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN ENTRUST TREND MICRO SSL’S CPS. Entrust provides no warranties with respect to another party's software, WARRANTIES OR GUARANTEEShardware or telecommunications or networking equipment utilized in connection with the use, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUissuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYSubscribers and Relying Parties agree and acknowledge that Entrust is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: SSL Basic Terms of Service

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH THE SERVICES ARE PROVIDED ON AN "TO USER “AS IS" , WHERE IS”, WITH ALL FAULTS AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, WHETHER EXPRESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS: (A) DO NOT WARRANT THE ACCURACY, COMPLETENESS, COMPREHENSIVENESS OR IMPLIEDCURRENCY OF THE SERVICES OR SERVICES, THE CONTENT PROVIDED THEREON OR THE FORMS, REPORTS OR RESPONSES GENERATED FROM THE SERVICES; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED THOSE WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENTNON‐INFRINGEMENT. OTHER THAN USER IS INSTRUCTED TO USE THE REPRESENTATIONS COMPANY’S SERVICES AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, SERVICES AT THEIR OWN RISK. THE COMPANY MAKES NO WARRANTY OR CONDITION GUARANTEE THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICES OR THAT ANY SERVICE SERVICES WILL BE UNINTERRUPTED, TIMELYAVAILABLE AT ANY TIME OR FROM A PARTICULAR LOCATION, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATIONERROR‐FREE, WARRANTYTHAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES IS/ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NOTWITHSTANDING THE FOREGOING, GUARANTEETHE COMPANY AGREES THAT IT WILL USE ITS COMMERCIALLY REASONABLE BEST EFFORTS TO MAINTAIN THE SECURITY, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE COMPLETENESS, COMPREHENSIVENESS AND CURRENCY OF THE SERVICE SERVICES FROM VIRUSES OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.OTHER POTENTIALLY HARMFUL COMPONENTS..

Appears in 1 contract

Samples: Syncstream Solutions Subscription Services Agreement

Disclaimers of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: (a) YOUR USE OF GEOTRUST'S SERVICE(STHE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ; (b) THE SERVICES, THE SITE, AND ALL SUCH SERVICES CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED ON AN "AS IS" AND AS AVAILABLE BASISAVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED MX, its affiliates, and our and their respective third-party providers, partners, licensors, employees, distributors and agents DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD-PARTY SERVICES, IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WHOLE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED THOSE (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT. OTHER THAN THE , (ii) REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, THAT THE SITE OR CONDITION THAT ANY SERVICE THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTEDSECURE, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY QUALITY OF ANY INFORMATION PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL THE SITE AND/OR DATA DOWNLOADED THE SERVICES WILL MEET YOUR EXPECTATIONS OR OTHERWISE OBTAINED THROUGH REQUIREMENTS, AND THAT ANY ERRORS IN THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.TECHNOLOGY WILL BE CORRECTED,

Appears in 1 contract

Samples: www.ent.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST thawte EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 813, GEOTRUST thawte DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST thawte MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S thawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM thawte OR THROUGH thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST thawte IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S xxxxxx’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST thawte EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 813, GEOTRUST thawte DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST thawte MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S thawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM thawte OR THROUGH thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST thawte IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUSTXXXXXX'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST THAWTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST THAWTE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST THAWTE MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUSTTHAWTE'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUSTTHAWTE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST THAWTE IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 86, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOTRUST OR THROUGH GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT NEW JERSEY: THE WEBSITE AND ALL SUCH SERVICES CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND OR NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8INFRINGEMENT OF THIRD PARTY RIGHTS, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS ARE HEREBY DISCLAIMED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE MAXIMUM EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED PERMITTED BY YOU FROM A THIRD PARTYAPPLICABLE LAW.

Appears in 1 contract

Samples: Splendidly Intrepid Website Terms

Disclaimers of Warranties. THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE HALO INVESTING CONTENT IS NOT GUARANTEED. HALO INVESTING RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE HALO INVESTING CONTENT AT ANY TIME, WITHOUT NOTICE. HOWEVER, HALO INVESTING MAKES NO COMMITMENT TO UPDATE THE INFORMATION AND YOU AGREE THAT YOUR ASSUME THE ENTIRE RISK AS TO THE USE OF GEOTRUST'S SERVICE(S) THE PLATFORM. THE HALO INVESTING CONTENT IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASISAVAILABLE.” HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE HALO INVESTING CONTENT, TEXTS, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PLATFORM. HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) PROVIDE NO GUARANTY AGAINST THE POSSIBILITY OF DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE HALO INVESTING CONTENT OR OF UNAUTHORIZED USE BY YOU OF THE PLATFORM. EXCEPT AS OTHERWISE NOTED EXPRESSLY SET FORTH IN THIS SUBSCRIBER AGREEMENT. GEOTRUST , HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL REPRESENTATIONS, EXPRESS AND IMPLIED WARRANTIES, GUARANTEESINCLUDING, TERMS OR CONDITIONS OF ANY KINDWITHOUT LIMITATION, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MARKETABILITY, PROFITABILITY, SUITABILITY, NONINFRINGEMENT, SECURITY, NONINTERFERENCE, TITLE, ACCURACY, ERROR-FREE AND NON-INFRINGEMENTUNINTERRUPTED SERVICES, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR COURSE OF PERFORMANCE. OTHER THAN THE REPRESENTATIONS HALO INVESTING, ITS AFFILIATES AND WARRANTIES AS SET FORTH IN SECTION 8AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT, GEOTRUST DOES NOT GUARANTY, OR MAKE ANY REPRESENTATIONREPRESENTATIONS OR WARRANTIES WHATSOEVER, WARRANTY, GUARANTEE, TERMEXPRESS OR IMPLIED, OR CONDITION THAT ASSUME ANY SERVICE WILL MEET YOUR REQUIREMENTS, LIABILITY TO YOU REGARDING (a) THE USE OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICE HALO INVESTING CONTENT, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL RESULTS BASED ON USE OF THE HALO INVESTING CONTENT OR ANY DELAY OR LOSS OF USE OF THE HALO INVESTING CONTENT, OR (b) PLATFORM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE ACCURACY PLATFORM OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICETHE HALO INVESTING CONTENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RISK AND YOU ARE SOLELY RESPONSIBLE FOR AND SHALL HAVE ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/ADVICE OR SERVICES PURCHASED INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A THIRD PARTYHALO INVESTING OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: notes.haloinvesting.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND AS AVAILABLE BASISITS CPS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST TREND MICRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONSAND MAKES NO REPRESENTATION, WARRANTIES, GUARANTEES, TERMS WARRANTY OR CONDITIONS COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED THOSE WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF A CERTIFICATE OR ANY SERVICE (INCLUDING, SATISFACTORY QUALITY WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR (III) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-INFRINGEMENT. OTHER THAN REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, SUBSCRIBER AND/OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELYING PARTY INVOLVING THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICERELIANCE UPON A CERTIFICATE. YOU UNDERSTAND IT IS UNDERSTOOD AND AGREE AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT ANY MATERIAL IN USING AND/OR DATA DOWNLOADED RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND RISK. ALL LIABILITY TO THE EXTENT JURISDICTIONS SUBSCRIBERS AND RELYING PARTIES WHO DO NOT ALLOW FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE EXCLUSION SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN SECTION 3.10 OF CERTAIN REPRESENTATIONSTREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, WARRANTIES OR GUARANTEEShardware or telecommunications or networking equipment utilized in connection with the use, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUissuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYSubscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: SSL Basic Terms of Service

Disclaimers of Warranties. YOU AGREE (a) GRANTEE REPRESENTS THAT YOUR USE IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTIES AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED THE PURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), AGREES TO ACCEPT THE PHYSICAL AND ENVIRONMENTAL CONDITION OF SAME ON AN "AS IS" -WHERE IS” BASIS SUBJECT TO THE TERMS OF THIS CONVEYANCE AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER THE PURCHASE AND SALE AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSGRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF THE OIL AND GAS DRILLING, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE MINERAL INTERESTS. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF ANY KIND, WHETHER EXPRESS OR IMPLIED, THE PURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BUT NOT LIMITED THOSE BREACHES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE GRANTOR’S REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 86.1 OF THE PURCHASE AND SALE AGREEMENT), GEOTRUST DOES GRANTEE ACKNOWLEDGES THAT THE PROPERTIES MAY CONTAIN UNPLUGGED OR IMPROPERLY PLUGGED XXXXX, WELLBORES OR BURIED PIPELINES OR OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT MAKE ANY REPRESENTATIONNOW BE KNOWN TO GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF THE PROPERTY, WARRANTY, GUARANTEE, TERMAND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSMAY HAVE HAD, OR THAT ANY SERVICE WILL BE UNINTERRUPTEDTO PROPERLY PLUG, TIMELYABANDON, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL REMOVE AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH RESTORE THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SAME WITHOUT RECOURSE TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYGRANTOR.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. YOU AGREE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF GEOTRUST'S SERVICE(S) THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE AVAILABLE" BASIS, EXCEPT WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REGROUP NOR ANY PERSON ASSOCIATED WITH REGROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, QUALITY, OR ACCURACY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER REGROUP NOR ANYONE ASSOCIATED WITH REGROUP REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED (WITH THE EXCEPTION OF KNOWN SECURITY VULNERABILITES ON REGROUP’S PLATFORM, WHICH WILL BE ADDRESSED BY REGROUP AS SOON AS POSSIBLE), OR THAT THE SERVICES WILL OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENTMEET YOUR NEEDS OR EXPECTATIONS. GEOTRUST EXPRESSLY REGROUP HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED THOSE TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST FOREGOING DOES NOT MAKE AFFECT ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, WARRANTIES WHICH CANNOT BE EXCLUDED OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES WARRANTIES: THE PRODUCTS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH NEITHER WE, NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN SECTION 8THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE DEFECTS WILL MEET YOUR REQUIREMENTSBE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE WILL BE UNINTERRUPTEDPRODUCT, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND CONTENT AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES OR ACCESS TO THIS WEBSITE IS DONE AT YOUR OWN DISCRETION SOLE RISK AND RISKYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. TO NEITHER WE NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EXTENT JURISDICTIONS DO NOT ALLOW USE OR THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME RESULTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR USE OF THE PRODUCTS, OFFERINGS, CONTENT AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/MATERIALS IN, OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYOFFERED THROUGH, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers of Warranties. WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, SOLAR OUTPUT, OR BILL CREDIT AMOUNT. WE DO NOT SELL, TRANSMIT OR DISTRIBUTE SOLAR ELECTRICITY TO YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN UNDER THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS WE DO NOT PROVIDE YOU WITH OWNERSHIP OF, OR ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL REPRESENTATIONSOF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF OR THE PROGRAM OR THE BILL CREDIT RATE, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THAT THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES UTILITY WILL NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, CORRECTIONS OR CONDITION ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, CHANGE TO STATE OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE FEDERAL LAW OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS CHANGES TO THE RESULTS THAT MAY UTILITY TARIFF OR THE PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE OBTAINED FROM INELIGIBLE FOR THE USE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY COMPANY SHALL CREATE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYTHIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" 7.1 BHGE MAKES NO, AND AS AVAILABLE BASISHEREBY DISCLAIMS ANY AND ALL, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED THOSE OR STATUTORY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS-IS” AND WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING, BHGE HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND SYSTEM INTEGRATION, TITLE OR NON-INFRINGEMENTINFRINGEMENT OR WITH REGARD TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY DATA OR OTHER OUTPUT OF THE SOFTWARE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST BHGE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY SERVICE THE SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS, OR THAT ANY SERVICE THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR FREE; , OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GEOTRUST BHGE MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. BHGE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY LICENSEE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BHGE, ITS AFFILIATES, ITS LICENSORS, OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AN END USER’S OWN ERRORS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYOMISSIONS.

Appears in 1 contract

Samples: Terps® Software License Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN WESTLAND PROVIDES THE SITE "AS IS" AND "AS AVAILABLE BASISAVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WE MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY TITLE, NON- INFRINGEMENT AND NON-INFRINGEMENTTHOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSLIMITATIONS ON IMPLIED WARRANTIES, WARRANTIES OR GUARANTEES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLY TO YOU. GEOTRUST IS WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND SHALL HAVE NO LIABILITY LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH RESPECT TO ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYKIND.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN ENTRATA PROVIDES THE SITE "AS IS" AND "AS AVAILABLE BASISAVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WE MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY TITLE, NON- INFRINGEMENT AND NON-INFRINGEMENTTHOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSLIMITATIONS ON IMPLIED WARRANTIES, WARRANTIES OR GUARANTEES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLY TO YOU. GEOTRUST IS WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND SHALL HAVE NO LIABILITY LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH RESPECT TO ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYKIND.

Appears in 1 contract

Samples: www.truthinadvertising.org

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Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES THE DTD AND PRODUCT DATA ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASISTRANSAXLE LLC (ON BEHALF OF ITSELF AND ITS AFFILIATES, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED THOSE ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY TITLE, NONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR SYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. TRANSAXLE LLC (ON BEHALF OF ITSELF AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS ITS AFFILIATES, LICENSORS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST SERVICE PROVIDERS) DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANT THAT ANY SERVICE THE FUNCTIONS CONTAINED IN THE DTD AND PRODUCT DATA WILL MEET YOUR REQUIREMENTSOR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT ANY SERVICE THE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, TIMELYFREE FROM BUGS, SECURE VIRUSES OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM ERRORS OR CONDITION AS TO THE RESULTS OTHER PROGRAM LIMITATIONS. YOU ACKNOWLEDGES AND AGREES THAT MAY BE OBTAINED FROM THE ITS USE OF AND ANY RELIANCE UPON THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND DTD AND AGREE THAT ANY MATERIAL AND/OR PRODUCT DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO YOU ACKNOWLEDGE THAT THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS DTD MAY NOT APPLY TO BE AVAILABLE, DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRANSAXLE LLC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRANSAXLE LLC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF SERVICE ATTACKS OR SIMILAR ATTACKS, OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. GEOTRUST YOU ACKNOWLEDGE THAT TRANSAXLE LLC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF DATA. TRANSAXLE LLC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR AND SHALL HAVE NO LIABILITY WITH RESPECT THE ACTIONS OR INACTIONS OF THIRD-PARTY SYSTEMS, PROVIDERS OR LICENSORS THAT TRANSAXLE LLC USES TO PROVIDER THE DTD, INCLUDING ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYFAILURE OF PERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Binding Agreement

Disclaimers of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: (a) YOUR USE OF GEOTRUST'S SERVICE(STHE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ; (b) THE SERVICES, THE SITE, AND ALL SUCH SERVICES CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASISAVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD- PARTY SERVICES, IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WHOLE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED THOSE (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-NON- INFRINGEMENT. OTHER THAN THE , (ii) REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, THAT THE SITE OR CONDITION THAT ANY SERVICE THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY SERVICE ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURE VIRUS-FREE OR ERROR ERROR-FREE; NOR DOES GEOTRUST MAKE , AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY REPRESENTATIONINFORMATION OBTAINED THROUGH THE SERVICES, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR TO THAT THE ACCURACY SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT SOFTWARE; (d) ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MX THROUGH OR FROM THE EXTENT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSWARRANTIES, WARRANTIES OR GUARANTEES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS Limitations on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT RESPONSIBLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND SHALL HAVE NO WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY PRODUCTS AND/INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES PURCHASED OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU FROM AND MX AND SURVIVES A THIRD PARTYFAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Firstlight Federal Credit Union

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST thawte EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 813, GEOTRUST thawte DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST thawte MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S thawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM thawte OR THROUGH thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST thawte IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8NEITHER US, GEOTRUST DOES NOT MAKE NOR ANY REPRESENTATIONOF OUR SUBSIDIARIES OR AFFILIATES, WARRANTYNOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, GUARANTEELICENSEES, TERMSERVICE PROVIDERS, OR CONDITION SUPPLIERS WARRANT THAT ANY SERVICE FUNCTION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE PROVIDERS OR ERROR FREE; NOR DOES GEOTRUST SUPPLIERS WARRANT OR MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM REPRESENTATIONS REGARDING THE USE OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR TO THE ACCURACY OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR RELIABILITY OF ANY INFORMATION INFORMATION, OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYOUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 1 contract

Samples: Business Associate Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S VERISIGN’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN DO NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S VERISIGN’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S VERISIGN’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUSTTHAWTE'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST THAWTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST THAWTE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST THAWTE MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUSTTHAWTE'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUSTTHAWTE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST THAWTE IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, SOLAR OUTPUT, OR BILL CREDIT AMOUNT. DURING THE TERM, YOUR ALLOCATION OF BILL CREDITS MAY VARY DUE TO WEATHER CONDITIONS, OUTAGES AT THE FACILITY OR ON THE UTILITY GRID, OR FOR OTHER REASONS. WE DO NOT SELL, TRANSMIT OR DISTRIBUTE SOLAR ELECTRICITY TO YOU AGREE UNDER THIS AGREEMENT. WE DO NOT PROVIDE YOU WITH OWNERSHIP OF, OR ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE THERE WILL BE NO CHANGES TO THE TARIFF OR THE PROGRAM OR THE BILL CREDIT RATE, OR THAT THE UTILITY WILL NOT MAKE ANY CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE UTILITY TARIFF OR THE PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISKTHE COMPANY SHALL CREATE A WARRANTY. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED EXPRESSLY PROVIDED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WE DO NOT MAKE ANY WARRANTY OR GUARANTEE TO YOU, EXPRESS, IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, AND ASSUME NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, WITH RESPECT TO THE SUBJECT MATTER HEREOF OR IN CONNECTION HEREWITH, AND YOU HEREBY DISCLAIM, WAIVE AND RELEASE ANY OTHER WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IMPLIED OR IMPOSED BY LAW INCLUDING BUT NOT LIMITED THOSE ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYTHIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. YOU AGREE HAYMARKET RECRUITING DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR­FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF GEOTRUST'S SERVICE(S) THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HAYMARKET RECRUITING IS SOLELY AT YOUR OWN RISKNOT RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT ALL SUCH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" ” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HAYMARKET RECRUITING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT OF THIRD PARTIES RIGHTS, AND AS AVAILABLE BASISTHE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. HAYMARKET RECRUITING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. 3 of 4 DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSREQUIRED BY APPLICABLE LAW, WARRANTIESNEITHER HAYMARKET RECRUITING NOR THE HAYMARKET RECRUITING ENTITIES OR THEIR DIRECTORS, GUARANTEESEMPLOYEES, TERMS LICENSORS, CONTENT PROVIDERS, AFFILIATES OR CONDITIONS OF OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY KIND, WHETHER EXPRESS OR IMPLIEDDAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITYWITHOUT LIMITATION ANY DIRECT, FITNESS FOR A PARTICULAR PURPOSEINDIRECT, SATISFACTORY QUALITY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8EXEMPLARY DAMAGES, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME PARTIES HAVE BEEN ADVISED OF THE ABOVE EXCLUSIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO YOUCEASE USING THE SERVICES. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations

Appears in 1 contract

Samples: static.hudl.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH UNDERSTAND AND EXPRESSLY ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENTAVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. GEOTRUST EXPRESSLY GOLFLER DISCLAIMS ALL REPRESENTATIONS, REPRESENTATIONS AND WARRANTIES, GUARANTEESEXPRESS, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING BUT NOT LIMITED THOSE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8ADDITION, GEOTRUST DOES NOT MAKE ANY GOLFLER MAKES NO REPRESENTATION, WARRANTY, GUARANTEEOR GUARANTEE REGARDING THE RELIABILITY, TERMTIMELINESS, QUALITY, SUITABILITY, OR CONDITION THAT AVAILABILITY OF THE SERVICES OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, SERVICES OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOLFLER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. USER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE USER, TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICEMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S THE SERVICES IS DONE ACCESSED AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR AND SHALL HAVE ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/ADVICE OR SERVICES PURCHASED INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A THIRD PARTYGOLFLER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY AUTHORIZED IN THESE TERMS. CERTAIN JURSIDICTIONS MAY PROHIBIT COMPANY FROM DISCLAIMING SOME WARRANTIES AND THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: golfler.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE THE TRUSTMARK AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES THE FOREGOING, ARE PROVIDED ON AN "AS IS" ” BASIS AND AS AVAILABLE BASISCOMPANY AND ITS LICENSORS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSIF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, GUARANTEESEITHER EXPRESS, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE STATUTORY, OR OTHERWISE, WITH RESPECT TO THE TRUSTMARK, DOCUMENTATION OR OTHER ACCOMPANYING MATERIAL OR SERVICES. COMPANY SPECIFICALLY DISCLAIMS (AND EARNER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT, OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. OTHER THAN IMPLIED WARRANTIES ON THE REPRESENTATIONS AND TRUSTMARK THAT CANNOT BE LEGALLY DISCLAIMED, IF ANY, ARE LIMITED TO THIRTY (30) DAYS. ALL UNIFORM COMMERCIAL CODE WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST ARE EXPRESSLY DISCLAIMED BY COMPANY. COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, WARRANT THAT THE OPERATION OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OTHER USE OF THE SERVICE TRUSTMARK WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO EARNER’S DATA, COMPUTERS OR NETWORKS OR THAT ERRORS WITH THE ACCURACY TRUSTMARK WILL BE FIXED BY COMPANY. COMPANY FURTHER MAKES NO REPRESENTATIONS OR RELIABILITY OF WARRANTIES REGARDING SERVICES OR ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND TECHNICAL SUPPORT AND THE PARTIES AGREE THAT COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MATERIAL ANDWAY FOR COMPANY’S ACTIONS OR OMISSIONS IN PROVIDING SERVICES OR SUPPORT SERVICES. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. SOME STATES/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIMITATIONS ON DURATION OF CERTAIN REPRESENTATIONSAN IMPLIED WARRANTY, WARRANTIES OR GUARANTEES, SOME OF SO THE ABOVE EXCLUSIONS LIMITATION MAY NOT FULLY APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY EARNER TO THE EXTENT REQUIRED TO COMPLY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYAPPLICABLE LAW.

Appears in 1 contract

Samples: Trustmark License Agreement and Terms

Disclaimers of Warranties. YOU AGREE AGILE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF GEOTRUST'S SERVICE(S) THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AGILE IS SOLELY AT YOUR OWN RISKNOT RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT ALL SUCH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" ” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AGILE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND AS AVAILABLE BASISTHE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. AGILE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSREQUIRED BY APPLICABLE LAW, WARRANTIESNEITHER AGILE NOR THE AGILE ENTITIES OR THEIR DIRECTORS, GUARANTEESEMPLOYEES, TERMS LICENSORS, CONTENT PROVIDERS, AFFILIATES OR CONDITIONS OF OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY KIND, WHETHER EXPRESS OR IMPLIEDDAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITYWITHOUT LIMITATION ANY DIRECT, FITNESS FOR A PARTICULAR PURPOSEINDIRECT, SATISFACTORY QUALITY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8EXEMPLARY DAMAGES, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME PARTIES HAVE BEEN ADVISED OF THE ABOVE EXCLUSIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO YOUCEASE USING THE SERVICES. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYSome U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Agile makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

Appears in 1 contract

Samples: Boces Letter Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES THE DTD AND PRODUCT DATA ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASISTRC (ON BEHALF OF ITSELF AND ITS AFFILIATES, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED THOSE ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY TITLE, NONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR SYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. TRC (ON BEHALF OF ITSELF AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS ITS AFFILIATES, LICENSORS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST SERVICE PROVIDERS) DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANT THAT ANY SERVICE THE FUNCTIONS CONTAINED IN THE DTD AND PRODUCT DATA WILL MEET YOUR REQUIREMENTSOR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT ANY SERVICE THE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, TIMELYFREE FROM BUGS, SECURE VIRUSES OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM ERRORS OR CONDITION AS TO THE RESULTS OTHER PROGRAM LIMITATIONS. YOU ACKNOWLEDGES AND AGREES THAT MAY BE OBTAINED FROM THE ITS USE OF AND ANY RELIANCE UPON THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND DTD AND AGREE THAT ANY MATERIAL AND/OR PRODUCT DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO YOU ACKNOWLEDGE THAT THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS DTD MAY NOT APPLY TO BE AVAILABLE, DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF SERVICE ATTACKS OR SIMILAR ATTACKS, OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. GEOTRUST YOU ACKNOWLEDGE THAT TRC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF DATA. TRC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR AND SHALL HAVE NO LIABILITY WITH RESPECT THE ACTIONS OR INACTIONS OF THIRD-PARTY SYSTEMS, PROVIDERS OR LICENSORS THAT TRC USES TO PROVIDER THE DTD, INCLUDING ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYFAILURE OF PERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Binding Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUSTPROPERTY MANAGEMENT COMPANY, AND ENTRATA ON PROPERTY MANAGEMENT COMPANY'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN BEHALF, PROVIDE THE SITES "AS IS" AND "AS AVAILABLE BASISAVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WE MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND TITLE, NON-INFRINGEMENTINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSLIMITATIONS ON IMPLIED WARRANTIES, WARRANTIES OR GUARANTEES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLY TO YOU. GEOTRUST IS WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND SHALL HAVE NO LIABILITY LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH RESPECT TO ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYKIND.

Appears in 1 contract

Samples: cdn.student.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUSTVERISIGN'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST VERISIGN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 812, GEOTRUST VERISIGN DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST DO WE MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S OBTTAINED THORUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU YOUR FROM A THIRD PARTY.

Appears in 1 contract

Samples: Authentic Document Service Agreement

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SYMANTEC’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC DO NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SYMANTEC’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SYMANTEC’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) THE RALS-LiNK SAAS SOLUTION IS SOLELY AT YOUR OWN RISKRISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "Any content included in the RALS-LiNK SaaS Solution is for the purpose of providing information to permit the analysis of Your Data. Although Abbott believes the data displayed in the RALS-LiNK SaaS Solution to be accurate at the time it is transmitted to the RALS-LiNK SaaS Solution, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event xxxx Xxxxxx be liable to You for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the RALS-LiNK SaaS Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE RALS-LiNK SAAS SOLUTION “AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS AVAILABLE” WITH ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED THOSE TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE AND QUALITY AND NONOF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Abbott, its affiliates and its third-INFRINGEMENTparty providers do not guarantee that the functions contained in the RALS-LiNK SaaS Solution will meet Your requirements or that its operation will be uninterrupted or error-free. OTHER THAN THE REPRESENTATIONS To the extent that applicable law requires Abbott to provide warranties, You agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law. IN NO EVENT SHALL ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION FOR ANY THIRD- PARTY HARDWARE OR SOFTWARE, AND WARRANTIES AS SET FORTH IN SECTION 8ABBOTT DISCLAIMS ALL LIABILITY FOR ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR CLAIMS AGAINST ABBOTT OR ANY OF ITS AFFILIATES, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERMAGENTS OR ASSIGNEES, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSOTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS AND CONDITIONS. SOME COUNTRIES, OR THAT ANY SERVICE WILL BE UNINTERRUPTEDSTATES, TIMELYPROVINCES, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION DISCLAIMERS OF CERTAIN REPRESENTATIONSWARRANTIES, WARRANTIES OR GUARANTEES, SOME OF SO THE ABOVE EXCLUSIONS DISCLAIMERS MAY NOT APPLY TO YOU. GEOTRUST IS YOU IN THEIR ENTIRETY TO THE EXTENT NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYALLOWED.

Appears in 1 contract

Samples: ralslink.com

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) THE WEBSITE AND APPLICATIONS IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ALL SUCH SERVICES OUR WEBSITE AND APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SALES LEAD MULTIPLIER INC. ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND APPLICATIONS AVAILABLE BASISTHROUGH OUR WEBSITE OR APPLICATIONS. WE DO NOT GUARANTEE OUR WEBSITE OR APPLICATIONS TO BE ERROR- FREE, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENTSECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEOTRUST EXPRESSLY TO THE EXTENT ALLOWED UNDER LAW, SALES LEAD MULTIPLIER INC. DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, WARRANTIESINCLUDING WITHOUT LIMITATION, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENTNONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST SALES LEAD MULTIPLIER DOES NOT GUARANTEE THAT THE APPLICATIONS WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. SALES LEAD MULTIPLIER INC. PROVIDES THE APPLICATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION NO REPRESENTATIONS AS TO THE RESULTS CONTENT, QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY INFORMATION, GOODS, OR SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE YOU OR OTHER USERS OFFER, OR TO WHICH YOU OR OTHER USERS MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO YOUR INFORMATION, GOODS, AND SERVICES OR THOSE OF OTHER USERS. ALL MATTERS CONCERNING SUCH INFORMATION, GOODS, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE, AND DELIVERY, ARE SOLELY BETWEEN YOU AND THE ACCURACY CONTACTS WITH WHOM YOU CHOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR RELIABILITY REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY OF YOUR INFORMATION, GOODS, OR SERVICES PROVIDED BY YOU OR OTHER USERS. YOU WILL NOT CONSIDER US - NOR WILL WE BE DEEMED - A PARTY TO SUCH TRANSACTIONS, WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REMUNERATION IN CONNECTION WITH THE TRANSACTION. WE WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICETRANSACTION (WHETHER DIRECTLY OR INDIRECTLY) BETWEEN YOU AND ANY OTHER PERSON OR ENTITY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS SOME LAWS DO NOT ALLOW THE EXCLUSION CERTAIN DISCLAIMERS, SO SOME OR ALL OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS THESE DISCLAIMERS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: End User License Agreement and Terms of Use

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-NON- INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 86, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOTRUST OR THROUGH GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. YOU AGREE (a) GRANTEE REPRESENTS THAT YOUR USE IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED THE PURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AGREEMENT), AGREES TO ACCEPT THE PHYSICAL AND ENVIRONMENTAL CONDITION OF SAME ON AN "AS IS" -WHERE IS” BASIS SUBJECT TO THE TERMS OF THIS DEED AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER THE PURCHASE AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSGRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF THE OIL AND GAS DRILLING, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE PROPERTY. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF ANY KIND, WHETHER EXPRESS OR IMPLIED, THE PURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BUT NOT LIMITED THOSE BREACHES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE GRANTOR’S REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 86.1 OF THE PURCHASE AGREEMENT), GEOTRUST DOES GRANTEE ACKNOWLEDGES THAT THE PROPERTY MAY CONTAIN UNPLUGGED OR IMPROPERLY PLUGGED XXXXX, WELLBORES OR BURIED PIPELINES OR OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT MAKE ANY REPRESENTATIONNOW BE KNOWN TO GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF THE PROPERTY, WARRANTY, GUARANTEE, TERMAND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTSMAY HAVE HAD, OR THAT ANY SERVICE WILL BE UNINTERRUPTEDTO PROPERLY PLUG, TIMELYABANDON, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL REMOVE AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH RESTORE THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SAME WITHOUT RECOURSE TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYGRANTOR.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. YOU AGREE AGILE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF GEOTRUST'S SERVICE(S) THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AGILE IS SOLELY AT YOUR OWN RISKNOT RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT ALL SUCH THE SITE AND SERVICES ARE PROVIDED Agile Sports Technologies, Inc. 000 X Xx. | Xxxxxxx, XX 00000 | 402-817-0060 ON AN "AS IS" ” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AGILE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND AS AVAILABLE BASISTHE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. AGILE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONSREQUIRED BY APPLICABLE LAW, WARRANTIESNEITHER AGILE NOR THE AGILE ENTITIES OR THEIR DIRECTORS, GUARANTEESEMPLOYEES, TERMS LICENSORS, CONTENT PROVIDERS, AFFILIATES OR CONDITIONS OF OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY KIND, WHETHER EXPRESS OR IMPLIEDDAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITYWITHOUT LIMITATION ANY DIRECT, FITNESS FOR A PARTICULAR PURPOSEINDIRECT, SATISFACTORY QUALITY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8EXEMPLARY DAMAGES, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME PARTIES HAVE BEEN ADVISED OF THE ABOVE EXCLUSIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO YOUCEASE USING THE SERVICES. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTYSome U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Agile makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

Appears in 1 contract

Samples: Boces Letter Agreement

Disclaimers of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: ( a) YOUR USE OF GEOTRUST'S SERVICE(STHE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS SOLELY AT YOUR OWN SOLE RISK. YOU AGREE THAT ; ( b) THE SERVICES, THE SITE, AND ALL SUCH SERVICES CONTENT AND PRODUCTS ASSOCIATED WITH M X ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASISAVAILABLE"; ( c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE NOTED MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD- PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL W ARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD- PARTY SERVICES, IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS W HOLE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED THOSE (i) ANY IMPLIED W ARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT. OTHER THAN THE NON -INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8W ARRANTIES THAT THE SITE OR THE SERVICES WILL M EET YOUR REQUIREM ENTS, GEOTRUST DOES NOT MAKE WILL BE SECURE, THAT THE QUALITY OF ANY REPRESENTATIONPRODUCTS, WARRANTYSERVICES, GUARANTEE, TERMINFORM ATION, OR CONDITION OTHER M ATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL M EET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IM PLIED W ARRANTIES ARISING FROM COURSE OF DEALING A ND COURSE OF PERFORM ANCE, (iv) ANY W ARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COM PREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD- PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARR ANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELYXXX XXX, SECURE VIRUS- FREE OR ERROR ERROR- FREE; NOR DOES GEOTRUST MAKE , AND ( vi) WARRANTIES RELATED TO THE ACCURACY OF ANY REPRESENTATIONINFORM ATION OBTAINED THROUGH THE SERVICES, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY M AY BE OBTAINED FROM THE USE OF THE SERVICE SERVICES, THE CORRECT ION OF DEFECTS IN THE SERVICES, OR TO THAT THE ACCURACY SERVICES WILL OPERATE IN COM BINATION WITH ANY OTHER HARDWARE OR RELIABILITY OF SOFTW ARE; ( d) ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA M ATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; ( e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COM PUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD - PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR - FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIM E AND DELAY IN SERVICES MAY OCCUR. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MX THROUGH OR FROM THE EXTENT SERVICES WILL CREATE ANY W ARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOM E JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONSW ARRANTIES, WARRANTIES OR GUARANTEES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: americanriviera.bank

Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GEOTRUST'S thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST thawte EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 814, GEOTRUST thawte DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION WARRANTY THAT ANY THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIRMENTS, OR THAT ANY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST thawte MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S thawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM thawte OR THROUGH thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEESWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST thawte IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Signing Certificate Agreement

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