Exclusion of Warranties; Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, OR RELIABILITY, OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE ONLINE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF THE ONLINE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, LICENSORS OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY XXXXX, INJURIES OR CLAIMS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING OR ARISING IN ANY WAY IN WHOLE OR IN PART FROM (a) THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, (b) THE UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, (c) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE ONLINE SERVICES, (d) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE...
Exclusion of Warranties; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OR EXCEPT AS REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING THE SERVICE OR ANY ASPECT THEREOF, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither First Merchants Bank nor any agent, independent contractor or subcontractor of any of the forgoing (“Service Providers”) will be liable for any loss, injury or damage, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way out of the enrollment in, use or maintenance of the Service, or of the Internet access provider used to access the Service, or of the equipment used to access the Service, including, without limitation, any loss, injury or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communication with us, even if we or the service providers are aware of the possibility of such events.
Exclusion of Warranties; Limitation of Liability. You expressly understand and agree that your use of the online services is at your sole risk. the online services are provided on an "as is" and "as available" basis. we expressly disclaim all warranties of any kind relating to the online services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and any implied warranties arising from course of dealing or course of performance. We make no representation or warranty that the online services will meet your requirements or expectations or that the online services will be uninterrupted, timely, secure, or error-free. any material downloaded or otherwise obtained through the use of the online services is obtained at your own discretion and risk, and we are not responsible for any damage to your computer system, mobile device or loss of data that results from the download of any such material, whether due to any computer virus or otherwise. we make no representation or warranty as to the completeness, accuracy, or reliability, of any third party information or data that you obtain through the use of the online services. no advice or information, whether oral or written, obtained by you from us or through or from your use of the online service will create any warranty or representation not expressly stated in these terms. Unless otherwise stated in this agreement or by law, you agree that neither we nor any of our officers, directors, employees, members, affiliates, agents, licensors or third party service providers will be liable to you or any third party for any xxxxx, injuries or claims, direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting or arising in any way in whole or in part from (a) the use of or the inability to use the online services, (b) the unauthorized access to or alteration or loss of your transmissions or data, (c) statements or conduct of any other person using or accessing the online services, (d) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure...
Exclusion of Warranties; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OR EXCEPT AS REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING THE SERVICE OR ANY ASPECT THEREOF, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY APPLICABLE LAW, YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE, WHETHER CAUSED BY THE OPERATION OF EQUIPMENT (WHETHER OWNED BY YOU OR US OR ANY OF OUR SERVICE PROVIDERS), THE SERVICE, THE FINANCIAL SOFTWARE, OR US, AND IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) CAUSED BY THE SERVICE OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EQUIPMENT OR THE SERVICE, EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Warranties; Limitation of Liability. Except as expressly otherwise stated in this agreement, NEFCU’s services and related documentation are provided “as is” and without any warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. In no event shall NEFCU be liable for any indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the BillPay service. Termination of Service Please contact a Member Service Representative at 000-000-0000 to terminate your BillPay service. We reserve the right to terminate your service at any time with or without cause. If you stop using BillPay for a prolonged period of time, the Credit Union may deactivate your access, in which case your BillPay history will no longer be available. Regardless of which party initiates the termination, it is your responsibility to inform your payees to change your billing address to the address at which you wish to receive mail. For scheduled payments in the system: If the Processing Date for a payment is prior to the close of business on the day we receive your notice, the payment process for that payment will be completed, subject to the provisions of this Agreement. Until the time of your official account close, all scheduled payments will be paid unless stopped by you. Termination shall not affect your liability or obligations under this Agreement. You will be responsible for payment of all fees incurred prior to and during the billing period in which your termination becomes effective, including the full fee for the final month of service even if your service is terminated before the end of that monthly period. Your responsibility will also continue with respect to any other amounts that you may owe as of the date of termination or that become due thereafter, as described throughout this Agreement. Our authority to charge your Funding Account or any other account to which we were authorized to direct withdrawals prior to the termination will continue until all amounts you owe us under this Agreement have been paid in full, even if the amount you owe us was not known at the time of your termination, and regardless of the termination of our general authority to perform the services for you.
Exclusion of Warranties; Limitation of Liability. Nothing in this agreement limits Our liability for acting fraudulently or very carelessly and otherwise excludes or limits Our liability to the extent that We are able to exclude or limit by law.
Exclusion of Warranties; Limitation of Liability. 1. Seller warrants that goods manufactured by it will be free from defects in workmanship and material for the applicable time period described below. The foregoing warranty is in favor of the original purchaser only, and not any other person or entity. Goods manufactured by others than Seller are sold exclusively under such warranty as the manufacturer may give to Seller and to the extent transferable to Buyer. Goods such as belts, batteries, hoses, oil skimmers, filters, oils, lubricants, coolant, and consumable items are not covered and are responsibility of the Buyer. Seller further warrants that its goods will be designed and manufactured to perform the mechanical functions expressly stated in Seller's specifications; provided the equipment is maintained and operated under proper conditions by competent, adequately trained personnel.
Exclusion of Warranties; Limitation of Liability. 11.1 - Where the User accesses the Service by means of the internet, EventME will use its reasonable endeavours to ensure that the Service is accessible at all times via the internet but EventME does not warrant or represent that it can do so at all times since neither EventME nor any other party has any control over the internet, which is a global decentralised network of computer systems. The Service will not be continually free from error or interruption and may be variable.
Exclusion of Warranties; Limitation of Liability. 6.1 LICENSOR MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY WHATSOEVER WITH RESPECT TO THE LICENSED PROGRAMS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY CUSTOM, TRADE USAGE, COURSE OF PERFORMANCE OR OTHERWISE, AND WHETHER REGARDING ITS ACCURACY, OR ITS SUITABILITY FOR LICENSEE'S PURPOSES OF OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT THE LICENSED PROGRAMS WERE DEVELOPED BY LICENSOR FOR LICENSOR'S OWN USE, AND LICENSEE AGREES TO ACCEPT EACH OF THE LICENSED PROGRAMS "AS IS."
Exclusion of Warranties; Limitation of Liability. A. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF USE) OF THE OTHER ARISING OUT OF ANY DELIVERABLE OR SERVICE PROVIDED UNDER THIS AGREEMENT, ANY PERFORMANCE OF, OR FAILURE TO PERFORM, THIS AGREEMENT OR ANY CONDUCT IN FURTHERANCE OF THE PROVISIONS OR OBJECTIVES OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
