Disclaimers of Warranty. AmericaTowne makes no express or implied warranties or representations with respect to the AmericaTowne Platform, Sample and Test Market Program, or Accepted Market Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, AmericaTowne makes no representation that the operation of the AmericaTowne Platform (including exhibition showrooms, websites and other network properties) will be uninterrupted or error-free, and AmericaTowne will not be liable for the consequences of any interruptions or errors.
Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.
Disclaimers of Warranty. THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
Disclaimers of Warranty. Digital Wallet is provided by a third party provider, and without warranty from us. You acknowledge and agree that from time to time, your use of your Card in connection with Digital Wallet may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Card through Digital Wallet due to such delay, interruption, disruption or similar failure. You acknowledge that we are not party to the terms and conditions for the Digital Wallet between you and the Digital Wallet provider and we do not own and are not responsible for the Digital Wallet. We are not providing any warranty for Digital Wallet. We are not responsible for maintenance or other support services for Digital Wallet and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Digital Wallet, including, without limitation, any third party product liability claims, claims that Digital Wallet fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Digital Wallet, including those pertaining to Intellectual Property Rights, must be directed to the Digital Wallet provider. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your EMD. You are responsible for the selection of an EMD and for all issues relating to the operation, performance and costs associated with such EMD. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROCESSORS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF DIGITAL WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH DIGITAL WALLET. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN DIGITAL WALLET. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OU...
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Disclaimers of Warranty. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED.
Disclaimers of Warranty. Unless otherwise set forth in Fact Sheet(s), Customer acknowledges that SKIDATA does not make any warranty or guarantee with regard to the Hosted Services. Moreover, any warranty set forth in the Fact Sheet(s) is expressly limited to that specific warranty. Subject only to any such warranties specifically stated in the Fact Sheet(s), in all other respects, the Hosted Services are provided “as is.” SKIDATA specif- ically disclaims any and all warranties and/or conditions, express or implied, with respect to the Hosted Services and any updates and/or upgrades to the Hosted Services including but not limited to any warranty as to the design, functionality or utility of the Hosted Services, updates and/or upgrades, that the Hosted Services, updates and/or upgrades will perform in accordance with their specifications and that the Hosted Services, updates and/or upgrades will operate uninterrupted or error-free. SKIDATA also disclaims any and all warranties of merchantability or fitness for a particular purpose, even if SKIDATA has been informed of such purpose. No Authorized Distributor, agent, affiliate or representative of SKIDATA is authorized to alter or exceed the warranty obligations of SKIDATA as set forth herein. Furthermore, Customer specifically acknowledges and agrees that any and all warranties provided with respect to the Hosted Services, updates and/or upgrades, if any, are provided by the distributor, reseller and/or other third party. Some jurisdictions do not allow the exclusion of express or implied warranties, so the above exclusion may not apply to Customer. In that event, such warranties are limited to the minimum permitted by law from the date of shipment or provision of the Hosted Services by SKIDATA. No warranties apply after that period.
Disclaimers of Warranty. 20.1 You acknowledge and agree that the service supplied hereunder is provided on an "as is'' or "as available" basis, with faults that may be existing. Except as otherwise specifically set forth in this agreement and in any manufacturer warranty for any equipment provided by Bluesky (but only if such warranty is included with such equipment), Bluesky (and its officers, employees, parent, subsidiaries, and affiliates),
20.2 Bluesky does not guarantee that service can be installed to your location, or that installation will occur according to a specified schedule, even if Bluesky has accepted your order for service. The installation of service is subject to network availability, circuit availability, loop length, the condition of your line and wiring inside your location, and your computer/device configuration and capabilities, among other factors.
20.3 Bluesky does not warrant that the service or equipment provided by Bluesky will perform at a particular speed, bandwidth, or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like. Bluesky shall not be liable for loss of your data, or if changes in operation, procedures, or services require modification or alteration of your equipment, render the same obsolete or otherwise affect its performance.
20.4 In no event shall the Bluesky parties or Bluesky third party licensors, providers or suppliers be liable for any indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue, loss of programs or information or damage to data arising out of the use, partial use or inability to use the service, or reliance on or performance of the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Bluesky has been advised of the possibility of such claim or damages against you by any other party.
20.5 The remedies expressly set forth in this Agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as Consumer Laws), which do not allow the exclusion of implied warranties, or the exclusion of limitation of certain damages.
Disclaimers of Warranty. 6.10.1 Situations beyond a party’s Control. Neither party shall be liable for any act, omission, event or circumstance to the extent caused by the other party, or any event of force majeure.
Disclaimers of Warranty. EXCEPT AS SET FORTH IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY SCHLUMBERGER OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NONINFRINGEMENT) ARE HEREBY OVERRIDDEN AND DISCLAIMED BY SCHLUMBERGER.
