Links to Third Party Sites. As a convenience to you, our Site may contain links or materials from a third party not affiliated with us. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all times.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Links to Third Party Sites. As a convenience to you, our Site This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Prosper cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Prosper of such sites or the content, products, advertising or other materials from a third party not affiliated with uspresented on such sites, but are only for your convenience and you access them at your own risk. Such third-party websites are not controlled by us sites may have a privacy policy different from that of Prosper and the third-party site may be governed by their own terms of use and privacy statementprovide less security than this Site. You agree and acknowledge that we are Prosper is not responsible for examining the content of any third-party website web sites, nor does Prosper make any warranties or its representations, express or implied, regarding the content for validity, accuracy, completeness, legal compliance, timeliness, (or any other feature. We have no control over the accuracy of such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through ) on any third-party website. If you choose to link to a third party’s websiteweb sites, we make and Prosper shall have no representations liability of any nature whatsoever for any failure of products or warranties; express, implied services offered or advertised at such sites or otherwise. DISCLAIMER OF WARRANTIES NONE OF PROSPER, of any kind. Your participation in any linked website is based solely on the agreementANY OF ITS AFFILIATES, if anyPROVIDERS OR THEIR RESPECTIVE OFFICERS, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinionsDIRECTORS, ideasEMPLOYEES, productsAGENTS, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “PROSPER PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE IS AT YOUR SOLE RISKCONTENT AND PROSPER DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THE THIS SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN ALL OF THE SITE, ARE OFFERED BY US "CONTENT IS PROVIDED “AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE,” WITH NO WARRANTY OF WITHOUT ANY KINDWARRANTY, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR NONINFRINGEMENTTITLE. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORSADDITIONALLY, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. PROSPER PARTIES DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF WARRANT THAT THE SITE IS FREE OF VIRUSES OR SERVICES; (b) THAT OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE SERVICES LAWS APPLICABLE TO THIS AGREEMENT. PROSPER MAY DISCONTINUE OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS MAKE CHANGES IN THE CONTENT AND SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESSAT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS AND PROSPER PARTIES DO NOT ALLOW AN EXCLUSION UNDERTAKE ANY OBLIGATION OR RESTRCTION OF SOME WARRANTIES, SO RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. PROSPER RESERVES THE ABOVE EXCLUSION MAY NOT APPLY RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE PROSPER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWDAMAGES INCLUDING GENERAL, IN NO EVENT WILL WE BE LIABLE TO YOUSPECIAL, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (PUNITIVE OR ANY OTHER COMMERCIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSSES), ECONOMIC OR OTHER DAMAGES BUSINESS INTERRUPTION) OF ANY KIND FOR ANY INJURY WHETHER IN AN ACTION IN CONTRACT OR LOSS NEGLIGENCE ARISING OUT OF, OR RELATED RELATING IN ANY WAY TO, TO THE USE (OR INABILITY TO USE) OR PERFORMANCE USE BY ANY PARTY OF THE SERVICES CONTENT, THE SITE OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR OTHERWISE AND IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN PROSPER PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE PROSPER IS NOT LIABLE FOR ANY LOSS DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY KIND, INCLUDING LOSS ASSOCIATED USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF PROSPER PARTIES’ TOTAL LIABILITY FOR ALL SERVICINGDAMAGES, REPAIR, CORRECTIONLOSSES, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE CAUSES OF ACTION OF ANY VIRUSES, ERRORS, KIND OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW NATURE SHALL BE LIMITED TO THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesGREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Links to Third Party Sites. As a convenience to you, our This Site may contain links or materials from a third party not affiliated with us. Such third-party websites be linked to other web sites that are not controlled by us and eVisit sites (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to confgure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than eVisit, and you further acknowledge and agree that your use of such Third-Party Sites is governed by their own the respective Third-Party Site privacy policy and terms of use and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy statementpolicies of any of Third-Party Sites. You agree eVisit is providing links to the Third-Party Sites to you as a convenience, and acknowledge that we are eVisit does not responsible verify, make any representations or take responsibility for examining such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT EVISIT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITHYOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANYTHIRD-PARTY. Anyreference on the Sitetoanyproduct, service, publication, institution, organization of any third-party website entity or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website individual does not constitute or imply our eVisit’s endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesrecommendation.
Appears in 1 contract
Samples: Terms and Conditions
Links to Third Party Sites. As a convenience We occasionally provide links from the Site to you, our Site may contain links or materials from a third party not affiliated with us. Such third-party websites are (“Third-Party Sites”). If you use these links, you will leave the Site. We provide these link as a convenience, and we do not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible verify, make any representations, or take responsibility for examining any thirdthese Third-party website or its content for validityParty Sites, including the truthfulness, accuracy, completeness, legal compliance, timelinessquality, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, completeness of the content, materialsservices, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, productsmaterial, functionality, privacy policies, services, calculations or security available at or results that may be obtained through any thirdthe use of Third-party websiteParty Sites. If you choose decide to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, access any of any kind. Your participation in any the Third-Party Sites linked website is based solely on the agreementSite, if any, between you and the linked website provider and do this entirely at your own risk. A link to a third, and you must follow the privacy policies and the terms and conditions for those Third-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITEParty Sites. YOU AGREE THAT YOU EINSTEIN STUDIOS WILL BEAR THE ENTIRE COST OF ALL SERVICINGNOT, REPAIRUNDER ANY CIRCUMSTANCES, CORRECTIONBE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR RESTORATION THAT MAY BE NECESSARY CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR YOUR DATAANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, SOFTWARE PROGRAMSFOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR COMPUTER EQUIPMENT BECAUSE CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesTHIRD PARTY.
Appears in 1 contract
Samples: Terms of Service
Links to Third Party Sites. As a convenience We may provide links from the Site to you, our Site may contain links or materials from a third party not affiliated with us. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third(“Third-party website or its content for validityParty Sites”), accuracyincluding, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, links owned by third parties who manage the sales of Company-branded merchandise and class bookings for the Company (i.e., MINDBODY) and our franchisees. If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, materialsservices, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, productsmaterial, functionalityor results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third- Party Sites. If so, you may be able to configure the privacy policies, services, calculations or security available at or through any thirdsettings of your account on a Third-party websiteParty Site to permit your activities to be shared with your contacts on that Third- Party Site. If you choose decide to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, access any of any kind. Your participation in any the Third-Party Sites linked website is based solely on the agreementSite, if any, between you and the linked website provider and do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites. A link to a thirdSimilarly, the Site includes web pages from which you may obtain information about Gradum Gswing operated by independent franchisees (“Franchisee Sites”). Unless specifically stated on the Site, we do not endorse or make any representations about any services that may be offered at franchisee-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offeredowned locations. YOU ACKNOWLEDGE AND AGREE THAT USE OF TO THE SITE IS AT YOUR SOLE RISK. EXTENT PERMITTED BY APPLICABLE LAWS THE SITE AND COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TOTO ANY DEALINGS WITH OUR FRANCHISEES), OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, CONTENTRESOURCES, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD- PARTY SITE OR FRANCHISEE SITE, ARE OFFERED OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY US "AS IS", “OR IN CONNECTION WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesPARTY.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience The Services may be linked to youother web sites that are not SiteLock internet properties (collectively, our “Third-Party Sites”). Certain areas of the Site may contain links or materials from a third party not affiliated allow you to interact with us. Such thirdsuch Third-party websites are not controlled by us and Party Site and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than those of SiteLock, and you further acknowledge and agree that your use of such Third-Party Sites is governed by their own the respective Third-Party Site privacy policy and terms of use and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy statementpolicies of any of Third- Party Sites. You agree SiteLock is providing links to the Third-Party Sites to you as a convenience, and acknowledge that we are SiteLock does not responsible verify, make any representations or take responsibility for examining such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third- Party Sites. YOU AGREE THAT SITELOCK WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Services to any product, service, publication, institution, organization of any third-party website entity or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website individual does not constitute or imply our SiteLock's endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesrecommendation.
Appears in 1 contract
Samples: Customer Agreement
Links to Third Party Sites. As a convenience This Application may be linked to youother Application and Website that are not Claveto sites (collectively, our “Third-Party Sites”). Certain areas of the Site may contain links allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site or materials from a third party not affiliated Application account to permit your activities on this Application to be shared with us. Such thirdyour contacts in your Third-party websites are not controlled by us and Party application or Site account and, in certain situations, you may be transferred to a Third-Party application Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Claveto, and you further acknowledge and agree that your use of such Third-Party Sites is governed by their own the respective Third-Party Site privacy policy and terms of use and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guide and privacy statementpolicies of any of Third-Party Sites. You agree Claveto is providing links to the Third-Party Sites to you as a convenience, and acknowledge that we are Claveto does not responsible verify, make any representations or take responsibility for examining such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT EVISIT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party website entity or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website individual does not constitute or imply our Claveto endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesrecommendation.
Appears in 1 contract
Samples: Terms and Conditions
Links to Third Party Sites. As a convenience to youThe Properties, our Site Services and Content may contain links or materials from a third party references to other sites, services, offerings or applications that are not affiliated with us. Such third-party websites part of the Properties or Services and which are not controlled by us and may be governed the Torstar Companies. The inclusion of a link does not imply endorsement by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party websiteus. If you choose decide to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in visit any linked website is based solely on the agreementsite, if anyservice, between offering or application, you and the linked website provider and do so at your own risk, and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site, service, offering or application. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT WE WILL NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY BE RESPONSIBLE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TOFOR THE ACCURACY, THE USE (RELEVANCY, LEGALITY, OR INABILITY TO USE) DECENCY OF MATERIAL CONTAINED IN OR PERFORMANCE OF THE SERVICES OR THE ON ANY SITE, AND REGARDLESS OF THE FORM OF ACTIONSERVICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OFFERING OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE APPLICATION LINKED FROM A PROPERTY OR FOR ANY LOSS OF INFORMATION OR MATERIAL YOU PROVIDE TO ANY KINDTHIRD PARTY. Unless otherwise indicated on a Property, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICEwe are not sponsored by or affiliated with any linked sites, PROPERTY DAMAGEservices, AND BODILY INJURYofferings or applications, WHETHER CAUSED BY ACCESS TOand trademarks used in connection with linked sites, OR USE OFservices, THE SERVICES OR THE SITEofferings or applications are not our trademarks. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICINGThe Properties, REPAIRServices and Content may contain certain facts, CORRECTIONopinions, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATAviews, SOFTWARE PROGRAMSstatements, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSESrecommendations and information which may be provided by third parties including third parties in professional fields such as medicine, ERRORSlaw, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITEengineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields ("Professional Information"). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURYSuch information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGESdiagnosis or treatment. Use of any Property, SO THIS LIMITATION MAY NOT APPLY TO YOUService or Content does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that we do not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including investment and financial planning decisions. You agree to defend, indemnify, and hold harmless us and each that we shall not be responsible or liable in any way for any loss or damage of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, any kind directly or indirectly incurred arising out of, relating to, or resulting from your violation of these Terms of Use in connection with the use of, or misuse of the Services or the Sitereliance on, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesProfessional Information.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience to you, our Site This site may contain links to websites controlled or materials from a offered by third party not affiliated with usparties. Such BillFloat hereby disclaims liability for any information, materials, products or services posted or offered at any of the third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability sites linked to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party this website. If you choose to link to By creating a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website website, BillFloat does not imply our endorsement for the company’s opinions, ideas, products, information endorse or recommend any products or services offeredoffered or information contained at that website, nor is BillFloat liable for any failure of products or services offered or advertised at those websites. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISKSuch third party may have a privacy policy different from that of BillFloat and the third party website may provide less security than the BillFloat site. THE SITE INFORMATION AND SERVICESMATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TOTEXT, INFORMATIONGRAPHICS, CONTENT, MATERIALS, SOFTWARE LINKS OR OTHER ITEMS AND FUNCTIONALITY CONTAINED IN THE SITE, CONTENT ARE OFFERED BY US "PROVIDED “AS IS"”, “WITH ALL FAULTS” AND “AS AVAILABLE,” WITH NO WARRANTY OF WITHOUT ANY KINDWARRANTY, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR NONINFRINGEMENTTITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. BILLFLOAT DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. BILLFLOAT MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO WITHOUT ANY LIABILITY TO YOU. BILLFLOAT DOES NOT REPRESENT UNDERTAKE ANY OBLIGATION OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. BILLFLOAT RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU. UNDER THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK. IN NO CIRCUMSTANCES EVENT WILL WE BILLFLOAT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWDAMAGES INCLUDING GENERAL, IN NO EVENT WILL WE BE LIABLE TO YOUSPECIAL, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (PUNITIVE OR ANY OTHER COMMERCIAL DAMAGES DAMAGES, LOSSES OR LOSSES)EXPENSES (INCLUDING, ECONOMIC WITHOUT LIMITATION, LOST PROFITS OR OTHER DAMAGES BUSINESS INTERRUPTION) OF ANY KIND FOR ANY INJURY WHETHER IN AN ACTION IN CONTRACT OR LOSS NEGLIGENCE ARISING OUT OF, OR RELATED RELATING IN ANY WAY TO, TO THE USE (OR INABILITY TO USE) OR PERFORMANCE USE BY ANY PARTY OF THE SERVICES CONTENT, THE SITE OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR OTHERWISE AND IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN BILLFLOAT, OUR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TOLOSSES, OR USE OF, THE SERVICES OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF BILLFLOAT’S TOTAL LIABILITY FOR ALL SERVICINGDAMAGES, REPAIR, CORRECTIONLOSSES, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE CAUSES OF ACTION OF ANY VIRUSES, ERRORS, KIND OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW NATURE SHALL BE LIMITED TO THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesGREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Website Terms of Use Agreement
Links to Third Party Sites. As a convenience to you, our Site may contain links or materials from a third third-party not affiliated with us. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims disclaim all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations calculations, or security available at or through any third-party website. If you choose to link to a third party’s website, we We make no representations or warranties; express, implied implied, or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information information, or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AFFILIATES, AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written written, or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you your records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all times.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience to you, our this Site may contain links or materials from a third party not affiliated with usparty. Such third-third- party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we you are not responsible for examining any third-party website or and its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all All liability is disclaimed to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make there are no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our any endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT THERE IS NO REPRESENTATION OR WARRANTWARRANTY: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE THERE BE LIABLE LIABLITY OR AN OBLIGATION TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE THERE BE LIABLE LIABLITY OR AN OBLIGATION TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED NOTIFICATION IS PROVIDED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE THERE BE RESPONSIBLE A RESPONSIBILITY FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend It is recommended that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not There is no warrant that this version of the Terms of Use will be available at all times.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience to you, our Site The Service may contain links or materials from a third party not affiliated with usto other Web sites ("Linked Sites"). Such third-party websites links are not controlled by us provided solely as a convenience for you. While Financial Institution will attempt to select and provide links to Linked Sites that it believes may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are interest to its customers, Financial Institution does not responsible for examining screen, approve, review, verify the accuracy of or otherwise endorse any third-party website content or its content for validity, accuracy, completeness, legal compliance, timeliness, information contained in any Linked Sites or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information goods or services offeredavailable through them. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." FINANCIAL INSTITUTION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE SERVICE IS AT YOUR SOLE RISK. , THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SERVICESRISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH FINANCIAL INSTITUTION DISCLAIMS ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE NON- INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT MAY BE OBTAINED FROM THE USE OF THE SITE SERVICE, THE ACCURACY OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS RELIABILITY OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITETHE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY FINANCIAL INSTITUTION FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT FINANCIAL INSTITUTION WILL WE NOT BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (CONSEQUENTIAL OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER PUNITIVE DAMAGES OF ANY KIND FOR RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INJURY OR INACCURACY OF ANY INFORMATION RETRIEVED BY FINANCIAL INSTITUTION FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS ARISING OUT OF, UNAUTHORIZED ACCESS TO OR RELATED IN ANY WAY TOALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, THE USE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITEOTHER INTANGIBLES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE FINANCIAL INSTITUTION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all times.
Appears in 1 contract
Samples: Ebill Service User Agreement
Links to Third Party Sites. As a convenience to you, our Site This Website may contain links hyperlinks to websites operated by parties other than us or materials from a third party not affiliated with usour affiliates. Such third-party hyperlinks are provided for your reference only. We do not control such websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other featureassociate ourselves with their operators. We have no control over Your access to and use of such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use ofwebsites, including but not limited to, the content, materials, information, productsmaterial, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s products and services on such website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A Furthermore, because our privacy policy is applicable only when you are on our Website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information. Where we are offering our own content on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. We grant you a personal, limited, revocable, nontransferable and nonexclusive right to create a hyperlink to the home page of the Website so long as (i) the link to a third-party or your linking website does not imply portray us or any of our endorsement for services or information in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the company’s opinionsrights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the Spruce Privacy Notice. You may not use any of our logos or other proprietary graphic or trademarks as part of the link without our express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The "back" button should return the visitor to original site if the visitor wishes to back out. We may offer you the opportunity to contribute your ideas, productscomments, information questions, feedback and other communications to or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICESfrom the Website (collectively, INCLUDING BUT NOT LIMITED TOthe "User Content") in other blogs, INFORMATIONmessage boards, CONTENTchat rooms, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US e-mail and other features of the Website ("AS ISUser Areas", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOUthat may be offered from time to time and may be operated by us or by a third party on our behalf. You agree shall not (nor cause any third party to) use the Website or information provided through the Website to defendperform any illegal activities (including without limitation defaming, indemnifyabusing, and hold harmless us and each harassing, stalking, threatening or otherwise violating the legal rights, such as rights of our respective directorsprivacy, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, of others) or resulting from your violation of these Terms of Use immoral activities or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions following types of these Terms of Use shall be held to be unenforceableactivities, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all times.without limitation:
Appears in 1 contract
Samples: Terms of Use Agreement
Links to Third Party Sites. As THE LINKS IN THIS AREA WILL LET YOU LEAVE the HKIE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE HKIE AND THE HKIE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE HKIE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE HKIE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE HKIE OF THE SITE. The HKIE is a convenience to youdistributor (and not a publisher) of content supplied by third parties and Users. Accordingly, our Site may contain links the HKIE has no more editorial control over such content than does a public library, bookstore, or materials from a newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party parties, including information providers, Users or any other user of Websites, are those of the respective author(s) or distributor(s) and not affiliated with usof the HKIE. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining Neither the HKIE nor any third-party website or its content for validity, provider of information guarantees the accuracy, completeness, legal complianceor usefulness of any content, timelinessnor its merchantability or fitness for any particular purpose. In many instances, the content available through Websites represents the opinions and judgments of the respective information provider, User, or other user not under contract with the HKIE. The HKIE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Websites by anyone other featurethan authorized the HKIE employee spokespersons while acting in their official capacities. We have Under no control over such third-party websites and disclaims all liability circumstances will the HKIE be liable for any loss or damage caused by a User's reliance on information obtained through Websites. It is the responsibility of User to you evaluate the accuracy, completeness or usefulness of any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, productsopinion, functionalityadvice or other content available through the HKIE. Please seek the advice of professionals, privacy policiesas appropriate, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, regarding the evaluation of any kind. Your participation in any linked website is based solely on the agreementspecific information, if anyopinion, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information advice or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesother content.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience to you, our Site The Service may contain links or materials from a to third party not affiliated with us. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use ofweb sites, including but not limited tothose offered by merchants making use of Laterpay's Paid-For Service, the content, materials, information, products, functionality, privacy policies, services, calculations Donations or security available at or through any thirdContributions (“Third-party websiteParty Websites”). If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE LATERPAY IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS RESPONSIBLE FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERSWEBSITES AND THEIR CONTENT. THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY LATERPAY. ACCORDINGLY, DO LATERPAY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF OR MATERIALS MADE AVAILABLE TO YOU BY SUCH THIRD- PARTY WEBSITES, AND WILL NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITESUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY LATERPAY. WHEN YOU INTERACT WITH ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES USE OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesTHOSE SITES.
Appears in 1 contract
Samples: Terms of Service
Links to Third Party Sites. As Throughout our Site, we may provide links and pointers to Web Sites maintained by third parties. We provide these links as a convenience to you, our Site may contain links or materials from a third party not affiliated with us. Such third-party websites are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any third-party website or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent, our subsidiary corporations nor any of our affiliates operate or control in any respect any information, products or services that third parties may provide in our store or on websites and disclaims all liability linked to you or by us on the Site. Neither we nor any other person of our affiliates are responsible for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations accuracy or security available at or through any opinions expressed in such third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website does not imply our endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later accesswebsites. We do not warrant investigate, monitor or check for accuracy, reliability or completeness such third-party websites. Unless we have given you written approval, you may not provide a hyperlink to our Site and we may revoke any consent we given to hyperlink to our Site at anytime. Any press release, podcast, Internet broadcast, radio program pre-recorded or live or otherwise on this Site, may contain forward-looking statements. Such forward-looking statements may be identified by, among other things, the use of forward-looking terminology such as: “believes,” “expects,” “may,” “will,” “should,” “expects,” “anticipates,” “plans,” “intends,” “estimates,” or the negative thereof or other similar terms, or by language used in discussions, broadcasts or trade ideas that this version involve risks and uncertainties. There are a variety of risks and uncertainties that may cause actual results to differ from the forward-looking statements. We assume no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise, and such statements are current only as of the Terms of Use will be available at all timesdate they are made.
Appears in 1 contract
Samples: Terms of Use
Links to Third Party Sites. As a convenience The Services may be linked to youother web sites that are not SiteLock internet properties (collectively, our “Third-Party Sites”). Certain areas of the Site may contain links or materials from a third party not affiliated allow you to interact with us. Such thirdsuch Third-party websites are not controlled by us and Party Site and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than those of SiteLock, and you further acknowledge and agree that your use of such Third-Party Sites is governed by their own the respective Third-Party Site privacy policy and terms of use and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy statementpolicies of any of Third-Party Sites. You agree SiteLock is providing links to the Third-Party Sites to you as a convenience, and acknowledge that we are SiteLock does not responsible verify, make any representations or take responsibility for examining such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT SITELOCK WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Services to any product, service, publication, institution, organization of any third-party website entity or its content for validity, accuracy, completeness, legal compliance, timeliness, or any other feature. We have no control over such third-party websites and disclaims all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any third-party website. If you choose to link to a third party’s website, we make no representations or warranties; express, implied or otherwise, of any kind. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to a third-party website individual does not constitute or imply our SiteLock's endorsement for the company’s opinions, ideas, products, information or services offered. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE, ARE OFFERED BY US "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; (d) AGAINST COMPUTER VIRUS OR OTHER MATERIAL THAT MAY HARM OR DISRUPT YOUR COMPUTER OR MOBILE DEVISE; OR (e) THE TIMELINESS, ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRCTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES OR THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Services or the Site, including such violation or misuses conducted by an agent. These Terms of Use constitute a contract between you and ServiceMac and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ServiceMac. This Agreement shall be subject to, and construed in accordance with, the laws of the state of South Carolina (United States of America), excluding its conflict of laws principles. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. All rights not expressly granted herein are reserved. Please print and retain a copy of these Terms of Use for your records. You may print these Terms of Use by using the "Print" button (or otherwise using your printing functionality) and you can also save a copy to keep for you records. We recommend that you print or save when you first review because the document may not necessarily be kept in a place you can later access. We do not warrant that this version of the Terms of Use will be available at all timesrecommendation.
Appears in 1 contract
Samples: Customer Agreement