Common use of Limited Warranties Disclaimer Clause in Contracts

Limited Warranties Disclaimer. 7.1 Company delivers, and Customer accepts, the System and the Services on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis, and without any representations or warranties of any kind. 7.2 Customer acknowledges that Company is not the manufacturer of the System Hardware. System Hardware are subject to applicable warranties provided by the Company (if any). Company makes no other representations or warranties whatsoever with respect to System Hardware or other System components manufactured or sold by third parties. 7.3 COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF, INCLUDING ANY FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHER SUITABILITY, DURABILITY, CONDITION, QUALITY, PERFORMANCE OF THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF (INCLUDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION GENERATED BY OR OBTAINED THROUGH THE SYSTEM OR SERVICES); WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 7.4 COMPANY CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE. Company makes no representations whatsoever about any third-party website, application, product, or service that Customer may access or use in connection with the System and the Services. Company has no control over the content, performance, or materials used or provided in connection with any third-party website, application, product, or service. Company shall not be liable for any loss or damage caused by network or internet down time or failure or failure of other communication systems on which the System is dependent. Customer is aware that the System or Services could include typographical errors, statistical or mathematical errors, locations or navigation errors, and other inaccuracies and errors, and that unauthorized additions, computations, deletions, and alterations could be made to the System or Services by third parties. In the event that an inaccuracy arises, Customer shall promptly inform Company so that it can be corrected. Company shall have no responsibility or liability for information or content posted to the System or Services from any non-Company affiliated third party. 7.5 COMPANY DOES NOT GUARANTEE THAT DATA TRANSMITTED THROUGH THE SYSTEM WILL BE PRIVATE OR SECURE. Notwithstanding the technological and organizational measures the parties are required to have in place to comply with Data Privacy Laws, Customer acknowledges that Company does not operate or control the internet and that (i) viruses, worms, trojan horses or other undesirable data or systems exist, and (ii) unauthorized users may attempt to obtain access to and damage Customer data, websites, computers or networks. Customer is responsible for implementing and maintaining sufficient safety and security procedures to protect Customer data, websites, computers or networks. 7.6 Customer’s wireless carrier, the manufacturer and retailer of Customer’s mobile device, the developer of the operating system for Customer’s mobile device, the operator of any application store, marketplace, or similar service through which Customer obtains or accesses the System Applications, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the System Applications. Customer is responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions.

Limited Warranties Disclaimer. 7.1 8.1 Company delivers, and Customer accepts, the System and the Services on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis, and without any representations or warranties of any kind. 7.2 8.2 Customer acknowledges that Company is not the manufacturer of the System Hardware. Such System Hardware are will be subject to applicable any warranties provided by the Company manufacturer of such System Hardware (if any). Company makes no other representations or warranties whatsoever with respect to System Hardware or other System components manufactured or sold by third parties. 7.3 8.3 COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF, INCLUDING ANY FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHER SUITABILITY, DURABILITY, CONDITION, QUALITY, PERFORMANCE OF THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF (INCLUDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION GENERATED BY OR OBTAINED THROUGH THE SYSTEM OR SERVICES); WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 7.4 8.4 COMPANY CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE. Company makes no representations whatsoever about any third-third- party website, application, product, product or service that Customer may access or use in connection with the System and the Services. Company has no control over the content, performance, or materials used or provided in connection with any third-party website, application, product, product or service. Company shall not be liable for any loss or damage caused by network or internet down time or failure or failure of other communication systems on which the System is dependent. Customer is aware that the System or Services could include typographical errors, statistical or mathematical errors, locations or navigation errors, and other inaccuracies and errors, and that unauthorized additions, computations, deletions, and alterations could be made to the System or Services by third parties. In the event that an inaccuracy arises, Customer shall promptly inform Company so that it can be corrected. Company shall have no responsibility or liability for information or content posted to the System or Services from any non-Company affiliated third party. 7.5 8.5 COMPANY DOES NOT GUARANTEE THAT DATA TRANSMITTED THROUGH THE SYSTEM WILL BE PRIVATE OR SECURE. Notwithstanding the technological and organizational measures the parties are required to have in place to comply with Data Privacy Laws, Customer acknowledges that Company does not operate or control the internet and that (i) viruses, worms, trojan horses or other undesirable data or systems exist, and (ii) unauthorized users may attempt to obtain access to and damage Customer data, websites, computers or networks. Customer is responsible for implementing and maintaining sufficient safety and security procedures to protect Customer data, websites, computers or networks. 7.6 Customer’s wireless carrier, the manufacturer and retailer of Customer’s mobile device, the developer of the operating system for Customer’s mobile device, the operator of any application store, marketplace, or similar service through which Customer obtains or accesses the System Applications, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the System Applications. Customer is responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions.and