Common use of Limitation of Warranty; Limitation of Liability Clause in Contracts

Limitation of Warranty; Limitation of Liability. 12.1 Licensee acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee or its Authorized Users to enter or supply accurate information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee as one of many tools to be used by Licensee in providing advice to its clients. Licensee is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee further acknowledges and agrees that it is the responsibility of Licensee to provide professional advice to its clients and that the Plans are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the CFS Services or Plans or newsletters will meet the Licensee’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance.

Appears in 6 contracts

Samples: Collegiate Funding, College Planning Licensing Agreement, College Planning Licensing Agreement

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Limitation of Warranty; Limitation of Liability. 12.1 Licensee acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee or its Authorized Users to enter or supply accurate information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee as one of many tools to be used by Licensee in providing advice to its clients. Licensee is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee further acknowledges and agrees that it is the responsibility of Licensee to provide professional advice to its clients and that the Plans are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the CFS Branded Site or the CFS Services or Plans or newsletters will meet the Licensee’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance.

Appears in 5 contracts

Samples: Website With Widget, Collegiate Funding, Collegiate Funding Solutions

Limitation of Warranty; Limitation of Liability. 12.1 Licensee Customer acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee Customer or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee Customer or its Authorized Users to enter or supply accurate information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee Customer as one of many tools to be used by Licensee Customer in providing advice to its clients. Licensee Customer is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee Customer further acknowledges and agrees that it is the responsibility of Licensee Customer to provide professional advice to its clients and that the Plans and CFS Content are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the CFS Services Branded Site, CFS Services, or Plans Plans, or CFS Content, including newsletters will meet the LicenseeCustomer’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance. CFS does not represent or warrant that the CFS Service or CFS Branded Site will be available or operate without interruption or be error-free.

Appears in 4 contracts

Samples: Collegiate Funding Solutions, Collegiate Funding Solutions, Collegiate Funding Solutions

Limitation of Warranty; Limitation of Liability. 12.1 Licensee Customer acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee Customer or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee Customer or its Authorized Users to enter or supply accurate or complete information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee Customer as one of many tools to be used by Licensee Customer in providing advice to its clients. Licensee Customer is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee Customer further acknowledges and agrees that it is the responsibility of Licensee Customer to provide professional advice to its clients and that the Plans are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the CFS Services or Plans or newsletters will meet the LicenseeCustomer’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance. CFS does not represent or warrant that the CFS Service will operate without interruption or be error-free.

Appears in 2 contracts

Samples: Collegiate Funding Solutions, Collegiate Funding Solutions

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Limitation of Warranty; Limitation of Liability. 12.1 Licensee acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee or its Authorized Users to enter or supply accurate information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee as one of many tools to be used by Licensee in providing advice to its clients. Licensee is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee further acknowledges and agrees that it is the responsibility of Licensee to provide professional advice to its clients and that the Plans are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the College Planning Widget or the CFS Services or Plans or newsletters will meet the Licensee’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance.

Appears in 2 contracts

Samples: Collegiate Funding, Licensing Agreement

Limitation of Warranty; Limitation of Liability. 12.1 Licensee Customer acknowledges that: (i) Plans are generated solely based on the information entered into the Dataform by Licensee Customer or its Authorized Users and may contain errors or inaccuracies, including errors or inaccuracies resulting from a failure of the Licensee Customer or its Authorized Users to enter or supply accurate information: (ii) CFS is not providing financial planning advice, but only a tool to be used by a competent financial advisor in a professional capacity; and (iii) the Plans are provided to Licensee Customer as one of many tools to be used by Licensee Customer in providing advice to its clients. Licensee Customer is advised to review and make an independent assessment of each Plan and should not solely rely on the information generated in the Plan. Licensee Customer further acknowledges and agrees that it is the responsibility of Licensee Customer to provide professional advice to its clients and that the Plans and CFS Content are not intended to be a substitute for such professional guidance or oversight. CFS makes no representation or warranty that the CFS Services Branded Site, CFS Services, or Plans Plans, or CFS Content, including newsletters will meet the LicenseeCustomer’s or its clients’ needs. Except as otherwise expressly provided in this Agreement, CFS makes no representations or warranties of any kind, express or implied, with respect to the products or services to be provided under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or any implied warranty arising by usage of trade, course of dealing or course of performance. CFS does not represent or warrant that the CFS Service or CFS Branded Site will be available or operate without interruption or be error- free.

Appears in 1 contract

Samples: Collegiate Funding Solutions

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