Common use of Express Warranty Clause in Contracts

Express Warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO LICENSEE. EXHAUSTLESS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. EXHAUSTLESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME EXHAUSTLESS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. As Is Basis. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICE, INCLUDING THE MOCK AUCTION PROGRAM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXHAUSTLESS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, EXHAUSTLESS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET LICENSEE’S REQUIREMENTS; (II) LICENSEE’S USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY LICENSEE AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND