Common use of No Warranties Clause in Contracts

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OR

Appears in 4 contracts

Samples: Bank Online Banking Services Agreement, Bank Online Banking Services Agreement, Bank Online Banking Services Agreement

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No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OROR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

Appears in 4 contracts

Samples: Bank Online Banking Services Agreement, Bank Online Banking Services Agreement, Bank Online Banking Services Agreement

No Warranties. YOUR USE OF YOU AGREE THAT THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINASSURE DISABILITY, ALLY BANK ITS AFFILIATES, SUPPLIERS, AND ITS VENDORS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONKIND, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT. ALLY BANK ASSURE DISABILITY, ITS AFFILIATES, SUPPLIERS, AND OUR VENDORS LICENSORS MAKE NO WARRANTY THAT GUARANTEE, PROMISE, WARRANTY, OR REPRESENTATION (Ii) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES OR SOFTWARE, (ii) REGARDING THE ACCURACY OR RELIABILITY OF ANU INFORMATION OBTAINED THROUGH THE SERVICES OR SOFTWARE, OR (iii) THAT THE SERVICES OR SOFTWARE WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OF THE SERVICES OR SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE ACCURATE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES OR RELIABLE, (IV) SOFTWARE. THE QUALITY ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES OR SOFTWARE REMAINS WITH YOU. ASSURE DISABILITY DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY PRODUCTSDATA, SERVICESINCLUDING CUSTOMER MATERIALS AND CUSTOMER DATA, INFORMATION USER INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMMUNICATIONS. USE OF THE ONLINE BANKING SERVICES WILL MEET AND SOFTWARE IS AT YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORSOLE RISK.

Appears in 3 contracts

Samples: myassureservices.com, www.myassureservices.com, www.myassureservices.com

No Warranties. YOUR YOU EXPRESSLY AGREE THAT USE OF THE ONLINE BANKING SOFTWARE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW LAW, TOYOTA, AS TO WELL AS ITS AFFILIATES, THE ONLINE BANKING SERVICES SERVICE PROVIDERS, ALL APPLICABLE LICENSORS, ANY UNDERLYING WIRELESS CARRIER, AND ANY APPLICABLE SUPPLIERS (COLLECTIVELY, THE “ADDITIONAL ENTITIES”) DISCLAIM ANY AND ALL INFORMATION, PRODUCTS WARRANTIES AND OTHER CONTENT INCLUDED IN CONDITIONS INCLUDING ANY: (A) WARRANTIES AND CONDITIONS THAT SOFTWARE OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES AND CONDITIONS CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SOFTWARE OR SERVICES; (IIC) WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES AND CONDITIONS FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SOFTWARE OR ERROR-FREE, SERVICES; (IIIE) WARRANTIES AND CONDITIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SOFTWARE OR SERVICES; (F) WARRANTIES AND CONDITIONS THAT YOUR USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE SECURE OR RELIABLE, UNINTERRUPTED; AND (IVG) WARRANTIES AND CONDITIONS THAT ERRORS IN THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION SOFTWARE OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORCORRECTED.

Appears in 2 contracts

Samples: Vehicle Software End User License Agreement, Vehicle Software End User License Agreement

No Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT OR UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESANY WEBSITE, WHETHER EXPRESS OR IMPLIEDIS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, INCLUDING BUT NOT LIMITED AND IS SUBJECT TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTCHANGE AT ANY TIME. ALLY BANK AND OUR VENDORS YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THAT: (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, FREE FROM DEFECTS OR VIRUSES OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, EXPECTATIONS OR (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORCORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement

No Warranties. YOUR YOU EXPRESSLY AGREE THAT USE OF THE ONLINE BANKING MOBILE APPLICATION AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING MOBILE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW LAW, COMPANY, AS TO WELL AS ITS AFFILIATES, THE ONLINE BANKING SERVICES SERVICE PROVIDERS, ALL APPLICABLE LICENSORS, ANY UNDERLYING WIRELESS CARRIER, AND ANY APPLICABLE SUPPLIERS (COLLECTIVELY, THE “ADDITIONAL ENTITIES”) DISCLAIM ANY AND ALL INFORMATION, PRODUCTS WARRANTIES AND OTHER CONTENT INCLUDED IN CONDITIONS INCLUDING ANY: (A) WARRANTIES AND CONDITIONS THAT MOBILE APPLICATION OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES AND CONDITIONS CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE MOBILE APPLICATION OR SERVICES; (IIC) WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES AND CONDITIONS FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE MOBILE APPLICATION OR ERROR-FREE, SERVICES; (IIIE) WARRANTIES AND CONDITIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING MOBILE APPLICATION OR SERVICES; (F) WARRANTIES AND CONDITIONS THAT YOUR USE OF THE MOBILE APPLICATION OR SERVICES WILL BE ACCURATE SECURE OR RELIABLE, UNINTERRUPTED; AND (IVG) WARRANTIES AND CONDITIONS THAT ERRORS IN THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION MOBILE APPLICATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORCORRECTED.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

No Warranties. YOUR USE OF Although Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the Services, Bank makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE ONLINE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY AS NOTED BELOW, BANK AND OUR VENDORS MAKE ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE SERVICE. Finally without limitation as to the foregoing, in regard to Limitation of Liability, IN NO EVENT WILL BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING SERVICES WILL SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE PART OF AR ACCESSED VIA THE SERVICE, OR RELIABLEANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, (IV) EVEN IF BANK IS AWARE OF THE QUALITY POSSIBILITY OF ANY PRODUCTSSUCH DAMAGES. If you download the Service from Apple, SERVICESInc. via the Apple App Store, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSthen in the event of any failure of the Service to conform to the warranty as described in this Agreement, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORyou may notify Apple, Inc., and Apple, Inc. will refund your purchase price for the Service, if any. However, to the maximum extent allowed by Applicable Law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bank and any of its third party providers.

Appears in 2 contracts

Samples: www.texaspartners.bank, www.thebankofsa.com

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER SERVICE IS PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES " WITHOUT WARRANTY OF ANY KIND KIND. LOOPNET MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDSERVICE, INCLUDING BUT NOT LIMITED ITS ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LOOPNET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO ENCUMBRANCES OR LIENS, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND NON-INFRINGEMENTACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. ALLY BANK AND OUR VENDORS MAKE LOOPNET MAKES NO WARRANTY PROMISES, REPRESENTATIONS OR WARRANTIES THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING ACCESS TO LOOPNET'S SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE WEBSITE IS ACCESSED AT LICENSEE’S OWN DISCRETION AND RISK, TIMELYAND LICENSEE WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM, SECURE INTERNET ACCESS, DOWNLOAD OR ERROR-FREEDISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, (III) THE RESULTS THAT MAY BE WHETHER ORAL OR WRITTEN, OBTAINED FROM THE USE OF THE ONLINE BANKING LOOPNET OR ITS SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF SHALL CREATE ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS WARRANTY NOT EXPRESSLY STATED IN THE TECHNOLOGY WILL BE CORRECTED ORTERMS AND CONDITIONS.

Appears in 2 contracts

Samples: www.costar.com, www.costar.com

No Warranties. YOUR USE OF Although Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the Bank Online Services, Bank makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE BANK ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE BANK ONLINE SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY AS NOTED BELOW, BANK AND OUR VENDORS MAKE ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE BANK ONLINE SERVICES. Finally without limitation as to the foregoing, in regard to limitation of liability, IN NO EVENT WILL BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE BANK ONLINE BANKING SERVICES WILL OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE BANK ONLINE SERVICES OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE OR RELIABLE, (IV) PART OF AR ACCESSED VIA THE QUALITY OF ANY PRODUCTS, BANK ONLINE SERVICES, INFORMATION OR ANY CONTENTS OF THE BANK ONLINE SERVICES OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE, EVEN IF BANK IS AWARE OF THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSPOSSIBILITY OF SUCH DAMAGES. If you download the Mobile Banking Service from Apple, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORInc. via the Apple App Store, then in the event of any failure of the Mobile Banking Service to conform to the warranty as described in this Agreement, you may notify Apple, Inc., and Apple, Inc. will refund your purchase price for the Mobile Banking Service, if any. However, to the maximum extent allowed by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the IBC Mobile Banking Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bank and any of its third party providers.

Appears in 2 contracts

Samples: www.ibc.com, www.ibc.com

No Warranties. YOUR Although Florida Credit Union attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Service, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE ONLINE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) ITS CONTENTS IS AT YOUR THE USER'S SOLE RISK. THE ONLINE BANKING SERVICES SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINWITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY BANK AND OUR VENDORS MAKE AS NOTED BELOW, FLORIDA CREDIT UNION ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY. Without Limitation as to the Foregoing, in Regard to Limitation of Liability. IN NO EVENT WILL MEET YOUR REQUIREMENTSFLORIDA CREDIT UNION OR THEIR RESPECTIVE EMPLOYEES, (II) THE ONLINE BANKING SERVICES WILL AGENTS, OFFICERS, OR DIRECTORS BE UNINTERRUPTEDLIABLE FOR ANY DAMAGES, TIMELYINCLUDING, SECURE WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ERROR-FREEPUNITIVE DAMAGES, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE SERVICE OR RELIABLEIN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF FLORIDA CREDIT UNION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Use of Service. Contents are included in this Service solely for the personal use of Service users. You may not copy (IV) THE QUALITY OF ANY PRODUCTSother than a copy for personal use), SERVICESmodify, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSdistribute, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORtransmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Service without the prior written consent of Florida Credit Union, which may be withheld in its sole discretion. Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all Contents of this Service, including the graphics, icons and overall appearance of the Service, are the sole and exclusive property of Florida Credit Union. Certain trademarks and/or Services of Florida Credit Union are also listed below. The posting of the contents of this Service neither constitutes a waiver of any of Florida Credit Union's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppels, or otherwise of any such rights or of any license to the Service user or to any third party. Contents of this Service are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Service. Florida Credit Union is a trademark of Florida Credit Union, Gainesville, FL. The display of third-party trademarks within this Service does not grant a license of any kind to the reader. Any downloading of material contained in the Site or of any site linked to the Site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this Service or any service linked to this Service may be a violation of federal and other trademark laws and federal copyright laws.

Appears in 2 contracts

Samples: Fam® Agreement, Fcu Fam Agreement and Disclosure

No Warranties. YOUR YOU EXPRESSLY AGREE THAT USE OF THE ONLINE BANKING SOFTWARE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW LAW, LEXUS, AS TO WELL AS ITS AFFILIATES, THE ONLINE BANKING SERVICES SERVICE PROVIDERS, ALL APPLICABLE LICENSORS, ANY UNDERLYING WIRELESS CARRIER, AND ANY APPLICABLE SUPPLIERS (COLLECTIVELY, THE “ADDITIONAL ENTITIES”) DISCLAIM ANY AND ALL INFORMATION, PRODUCTS WARRANTIES AND OTHER CONTENT INCLUDED IN CONDITIONS INCLUDING ANY: (A) WARRANTIES AND CONDITIONS THAT SOFTWARE OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES AND CONDITIONS CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SOFTWARE OR SERVICES; (IIC) WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES AND CONDITIONS FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SOFTWARE OR ERROR-FREE, SERVICES; (IIIE) WARRANTIES AND CONDITIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SOFTWARE OR SERVICES; (F) WARRANTIES AND CONDITIONS THAT YOUR USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE SECURE OR RELIABLE, UNINTERRUPTED; AND (IVG) WARRANTIES AND CONDITIONS THAT ERRORS IN THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION SOFTWARE OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORCORRECTED.

Appears in 2 contracts

Samples: Vehicle Software End User License Agreement, Vehicle Software End User License Agreement

No Warranties. YOUR USE OF ALTHOUGH COSTAR MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE ONLINE BANKING SERVICES LICENSED PRODUCT AND ALL INFORMATIONPARTS THEREOF ARE PROVIDED ‘AS IS’, PRODUCTS ‘WITH ALL FAULTS’, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK‘AS AVAILABLE’. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” COSTAR PARTIES DO NOT MAKE , AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINHEREBY EXPRESSLY EXCLUDE AND DISCLAIM, ALLY BANK ANY AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES REPRESENTATIONS, WARRANTIES, TERMS OR GUARANTEES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESKIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF WITHOUT LIMITATION (1) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT ENCUMBRANCES OR LIENS, (I2) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSQUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (II3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE ONLINE BANKING SERVICES LICENSED PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COSTAR PARTY, AND (5) THAT ACCESS TO OR USE OF THE LICENSED PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREEFREE OR COMPLETELY SECURE. THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE LICENSED PRODUCT MAY INCLUDE, (III) WITHOUT LIMITATION, STATEMENTS REGARDING COSTAR'S CURRENT OR FUTURE BELIEFS, EXPECTATIONS, INTENTIONS OR STRATEGIES REGARDING PARTICULAR COMMERCIAL REAL ESTATE MARKETS. THE ANALYSIS AND COSTAR MARKET REPORTS ARE SUBJECT TO MANY RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS THAT MAY BE OBTAINED TO DIFFER MATERIALLY FROM THE USE ANALYSIS AND COSTAR MARKET REPORTS. LICENSEE UNDERSTANDS THAT THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE LICENSED PRODUCT ARE BELIEVED TO BE STATE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE ART AND, BY REASON OF THEIR LIMITED PERIOD OF USE, THEIR DEGREE OF ACCURACY IN REPORTING COMMERCIAL REAL ESTATE MARKET INFORMATION AND MAKING FORECASTS IS NOT PROVEN. LICENSEE SHALL NOT HOLD COSTAR OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ITS LICENSORS RESPONSIBLE FOR ANY ERRORS IN REPORTING, EVALUATING, ANALYZING, SIMULATING OR DEFECTS IN FORECASTING COMMERCIAL REAL ESTATE MARKET INFORMATION, OR FOR ANY INFORMATION, ANALYSES OR COSTAR MARKET REPORTS COMPRISING THE TECHNOLOGY WILL BE CORRECTED ORLICENSED PRODUCT.

Appears in 2 contracts

Samples: Costar Terms and Conditions, Costar Terms and Conditions

No Warranties. YOUR You agree that use of the Service is at your sole risk. You acknowledge that the Service may provide access to the Internet, but that the Internet is not owned, operated or managed by Owner. With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, Owner (i) has no responsibility or obligation with respect to (and does not endorse) any information, goods or service, (ii) MAKES NO WARRANTIES WHATSOEVER (EXPRESS OR IMPLIED) WITH REGARD TO ANY INFORMATION, GOOD OR SERVICE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE), (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstances, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. Owner does not assume liability to subscribers or others for any failure to enforce this Agreement. OWNER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATIONSERVICE. OWNER DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, PRODUCTS AND OTHER CONTENT INCLUDED IN FOR ANY LENGTH OF TIME OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISKANY SPEED. THE ONLINE BANKING SERVICES ARE SERVICE IS PROVIDED ON AN “AS IS” AND ”, “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL BASIS WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT ORAL ADVICE OR WRITTEN (IINCLUDING ELECTRONIC) INFORMATION PROVIDED BY OWNER, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. UNDER NO CIRCUMSTANCE (INCLUDING OWNER'S OWN NEGLIGENCE) WILL OWNER OR ANYONE ELSE INVOLVED IN PROVIDING THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSSERVICE BE LIABLE FOR ANY DIRECT, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDINDIRECT, TIMELYINCIDENTAL, SECURE SPECIAL OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE ONLINE BANKING SERVICES SERVICE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. OWNER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE WILL BE ACCURATE TO TERMINATE USE OF THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OWNER SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELIABLERELATED TO THE EVENTS DESCRIBED IN THIS PARAGRAPH. OWNER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OWNER’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (IV) THE QUALITY OF ANY PRODUCTSOR PORTIONS THEREOF). ALTHOUGH OWNER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES OWNER CANNOT GUARANTEE THAT SUCH EVENTS WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORNOT OCCUR.

Appears in 2 contracts

Samples: Resident Lease Agreement, Resident Lease Agreement

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN SELLER MAKES NO WARRANTIES OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESREPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED IN REGARD TO IMPLIED THE PROPERTY. THE PROPERTY IS BEING CONVEYED “AS IS, WHERE IS” WITH ALL FAULTS. PURCHASER AGREES TO ACCEPT THE PROPERTY WITH ALL DEFECTS AND FAULTS PRESENTLY EXISTING OR ARISING IN THE FUTURE, WHETHER LATENT OR PATENT. NO WARRANTIES OR REPRESENTATIONS ARE MADE REGARDING ANY INSPECTIONS OR REPAIRS MADE BY SELLER. THE PURCHASER ACKNOWLEDGES THAT SELLER HEREUNDER IS A LENDER WHICH OBTAINED THE PROPERTY THROUGH FORECLOSURE OR A DEED IN LIEU OF MERCHANTABILITYFORECLOSURE THEREFORE HAS LITTLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSIF ANY, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE KNOWLEDGE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE PROPERTY’S CONDITION. PURCHASER ACKNOWLEDGES THAT PURCHASER HAS EXAMINED THE PROPERTY AND RELIES SOLELY ON PURCHASER’S OWN JUDGMENT IN EXECUTING THIS AGREEMENT AND THAT PURCHASER HAS NOT RELIED ON ANY STATEMENT OR RELIABLEINDUCEMENT BY SELLER. Seller has no actual knowledge of any environmental problems connected with the Property. Purchaser acknowledges that various substances on or beneath the Property, (IV) THE QUALITY or on or beneath land adjacent to the Property, or used in the construction or the improvements on the Property, or utilized in the business operations at the Property, may now or in the future be determined to be toxic, hazardous or undesirable pursuant to local, state or federal environmental law or regulations, and may need to specifically treated, handled, and/or removed from the Property. Persons having a present or former interest in the Property may be required by law to undertake the cleanup of such substances, or pay for such cleanup by a governmental entity or its agent. Purchaser hereby releases Seller from any and all liability related to environmental problems presently existing or arising in the future with regard to the Property, and agrees to indemnify and hold Seller harmless for any assessment or charge to Seller, including reasonable attorney fees and costs, in connection therewith. Purchaser hereby agrees to execute and deliver such papers as are necessary to carry out the terms of such indemnity. Nevertheless, Purchaser acknowledges that Seller, as foreclosing lender and owner pursuant to a Deed Under Power of Sale, has no knowledge or expertise with respect to toxic wastes, hazardous materials or undesirable substances, and that Seller has made no investigation, or representation with respect to such materials or conditions. Neither the Purchaser, nor its representatives, shall enter upon the Property to make any repairs and/or treatments prior to closing without the prior written consent of the Seller. To the extent that the Purchaser or its representatives makes inspections, repairs and/or treatments to the Property prior to closing, the Purchaser hereby agrees to release and indemnify the Seller from and against any and all claims related in any way to the inspections, repairs and/or treatments. Under no circumstances shall the Seller be required to make any repairs after the Closing Date. The Purchaser acknowledges that closing on this transaction shall be deemed the Purchaser’s reaffirmation that the Purchaser is satisfied with the condition of the Property and with all repairs to the Property and waives all claims related to such condition and to the quality of the repairs to the Property. The Seller shall not be obligated to obtain or provide to the Purchaser any permits, Certificates of Occupancy or any receipts for repairs or treatments, written statements indicating dates or types of repairs and/ or treatments or copies of such receipts or statements nor any other documentation regarding any repairs and treatments to the Property. PURCHASER: By: Phone: Fax: Address: SELLER: BANK OF ANY PRODUCTSNORTH GEORGIA, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORa division of SYNOVUS BANK By: Phone: Fax: Address:

Appears in 2 contracts

Samples: www.johndixon.com, www.johndixon.com

No Warranties. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND PERMISSIBLE UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL INFORMATIONWARRANTIES, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY LICENSOR DOES NOT WARRANT THAT (IA) THE ONLINE BANKING SERVICES WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY LICENSOR, EXCEPT AS EXPRESSLY SPECIFIED IN THE DOCUMENTATION; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS, REQUIREMENTS OR EXPECTATIONS; (IIC) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES ANY STORED DATA WILL BE ACCURATE OR RELIABLE, ; (IVD) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ; (VE) ANY THE SERVICES WILL BE ERROR-FREE OR THAT ERRORS OR DEFECTS IN THE TECHNOLOGY SERVICES WILL BE CORRECTED ORCORRECTED; OR (F) THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LICENSOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 2 contracts

Samples: Service Agreement, Terms of Service Agreement

No Warranties. YOUR USE OF Although Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the Services, Bank makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE ONLINE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY AS NOTED BELOW, BANK AND OUR VENDORS MAKE ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE SERVICE. Finally without limitation as to the foregoing, in regard to Limitation of Liability, IN NO EVENT WILL BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING SERVICES WILL SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE PART OF AR ACCESSED VIA THE SERVICE, OR RELIABLEANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, (IV) EVEN IF BANK IS AWARE OF THE QUALITY POSSIBILITY OF ANY PRODUCTSSUCH DAMAGES. If you download the Service from Apple, SERVICESInc. via the Apple App Store, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSthen in the event of any failure of the Service to conform to the warranty as described in this Agreement, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORyou may notify Apple, Inc., and Apple, Inc. will refund your purchase price for the Service, if any. However, to the maximum extent allowed by Applicable Law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bank and any of its third-party providers.

Appears in 1 contract

Samples: Stream Online Banking Agreement

No Warranties. YOUR THE USE OF “CLOAKED” IN THIS SECTION AND THE ONLINE BANKING SERVICES AND ALL INFORMATIONLIMITATION OF LIABILITY SECTION MEANS CLOAKED, PRODUCTS ITS PROCESSORS, ITS SUPPLIERS, BANK, CREDITORS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES PARTNERS, AND ITS LICENSORS (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISKAND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN WITHOUT REPRESENTATION OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESWARRANTY, WHETHER EXPRESS OR IT IS EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO OR STATUTORY. WITHOUT LIMITING THE FOREGOING, CLOAKED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY CLOAKED DOES NOT WARRANT OR GUARANTEE THAT (I) THE ONLINE BANKING SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ; THAT THE ONLINE BANKING SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE RESULTS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE COMPATIBLE WITH YOUR DEVICE OR RELIABLECARRIER. Cloaked does not warrant, (IV) THE QUALITY OF ANY endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Cloaked does not have control of, or liability for, goods or services that are paid for using the Services. Any third-party software, hardware and other products or services included, sold or purchased through or in connection with the Services are provided solely according to the warranty and other terms specified by the manufacturer, merchant or provider, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the third-party product provider directly. CLOAKED MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, SERVICESAND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, INFORMATION NON-INFRINGEMENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSFITNESS FOR A PARTICULAR PURPOSE. Cloaked shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORincluding but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Appears in 1 contract

Samples: assets.website-files.com

No Warranties. YOUR USE OF Although The Bank of Farmington attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THIS SITE AND ITS CONTENT AND THE ONLINE BANKING SERVICES INFORMATION AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED MATERIAL CONTAINED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES THIS SITE ARE PROVIDED ON AN “"AS IS” AND “," "AS AVAILABLE” BASIS." THE BANK OF FARMNGTON DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIAL, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIAL. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES NO WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION(E.G., PRODUCTS AND OTHER CONTENT INCLUDED IN IMPLIED, EXPRESSED OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE USE AND NON-INFRINGEMENTFREEDOM FROM COMPUTER VIRUS) IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIAL CONTAINED IN THIS SITE. ALLY Limitation of Liability. IN NO EVENT WILL BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSOF FARMINGTON OR AFFILIATES, (II) THE ONLINE BANKING SERVICES WILL CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE UNINTERRUPTEDLIABLE FOR ANY DAMAGES, TIMELYINCLUDING, SECURE WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ERROR-FREEPUNITIVE DAMAGES, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE WEBSITE OR RELIABLEIN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF PNC BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (IVother than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of Bank of Farmington, which may be withheld in its sole discretion. Links to Other Websites. Any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third-Party Site”) THE QUALITY OF ANY PRODUCTSare provided strictly for convenience. If you click a link for a Third-Party Site, SERVICESyou will leave our Website and enter an external website owned, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSoperated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (Vi) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORdo not control nor are we responsible for the content, products and/or services provided by any Third-Party Site,

Appears in 1 contract

Samples: Please Read These Website Terms of Use

No Warranties. YOUR USE OF EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN EXHIBIT HERETO, THE ONLINE BANKING SERVICES AND ALL INFORMATIONSOFTWARE APPLICATIONS ARE PROVIDED, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR SAFR CARE PLATFORM IS MADE AVAILABLE AVAILABLE, BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN COMPANY TO CUSTOMER AND USERS “AS IS.AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES COMPANY MAKES NO WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REGARDING THE SERVICES OR THE COMPANY PLATFORM AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTYTHIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALLY BANK THE COMPANY WARRANTS, FOR THE CUSTOMER'S BENEFIT ALONE, THAT THE INTERNET-BASED APPLICATION THAT THE COMPANY MAKES AVAILABLE TO CUSTOMER VIA THE INTERNET FOR USE WITH THE SERVICES (THE "SAAS APPLICATION") CONFORMS IN ALL MATERIALALL MATERIAL RESPECTS TO THE SPECIFICATIONS FOR THE CURRENT VERSION OF THE ASP APPLICATION. THE COMPANY HAS NO CONTROL OVER INTERNET PERFORMANCE OR ACCESS, THE GLOBAL POSITIONING PLATFORM (GPS) SATELLITE NETWORK AND OUR VENDORS MAKE NO WARRANTY THE WIRELESS DATA NETWORKS THAT THE CUSTOMER CHOOSES TO UTILIZE AND THEREFORE DISCLAIMS ALL PERFORMANCE WARRANTEES RELATED TO THESE SERVICES. UNDER SOME TRANSIENT CONDITIONS (IE.G., THE MOBILE ASSETS PASS UNDER BRIDGES, THROUGH TUNNELS, ETC.) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSERRONEOUS DATA, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDSUCH AS SPEED, TIMELYLOCATION, SECURE DIRECTION OR ERROR-FREEOPERATIONAL STATUS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORTRANSMITTED.

Appears in 1 contract

Samples: www.gosafr.com

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER SERVICE IS PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES " WITHOUT WARRANTY OF ANY KIND KIND. LOOPNET MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDSERVICE, INCLUDING BUT NOT LIMITED ITS ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LOOPNET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO ENCUMBRANCES OR LIENS , NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND NON-INFRINGEMENTACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. ALLY BANK AND OUR VENDORS MAKE LOOPNET MAKES NO WARRANTY PROMISES, REPRESENTATIONS OR WARRANTIES THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING ACCESS TO LOOPNET'S SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE WEBSITE IS ACCESSED AT LICENSEE'S OWN DISCRETION AND RISK, TIMELYAND LICENSEE WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO LICENSEE'S COMPUTER SYSTEM, SECURE INTERNET ACCESS, DOWNLOAD OR ERROR-FREEDISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, (III) THE RESULTS THAT MAY BE WHETHER ORAL OR WRITTEN, OBTAINED FROM THE USE OF THE ONLINE BANKING LOOPNET OR ITS SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF SHALL CREATE ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS WARRANTY NOT EXPRESSLY STATED IN THE TECHNOLOGY WILL BE CORRECTED ORTERMS AND CONDITIONS.

Appears in 1 contract

Samples: www.costar.com

No Warranties. Limits on Liability Disclaimer of Warranties. YOU AGREE YOUR USE OF THE ONLINE BANKING SERVICES SERVICES, DIGITAL BANKING, AND ALL INFORMATION, PRODUCTS INFORMATION AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDORINCLUDING THAT OF THIRD PARTIES) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM USE OF THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. ALLY BANK AND OUR VENDORS WE MAKE NO WARRANTY THAT THE SERVICES (Ii) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (IIii) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR-FREE, (IIIiii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (Viv) ANY ERRORS OR DEFECTS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED ORCORRECTED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF DIGITAL BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH DIGITAL BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE DIGITAL BANKING SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state. In addition, see Electronic Funds Transfer Disclosure section for limits of liability provisions for transfers made using Digital Banking, which section applies only to the extent not consistent with this limitation of liability provision. Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THE AGGREGATE LIABILITY OF CREDIT UNION, OR ANY OF ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

Appears in 1 contract

Samples: Banking Terms and Conditions

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No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OROR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Bank Online Banking Services Agreement

No Warranties. YOUR BANK MAKES NO WARRANTIES WITH RESPECT TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF OR INABILITY TO USE THE ONLINE BANKING SERVICES SERVICE OR ANY OTHER PROBLEMS CUSTOMER EXPERIENCES DUE TO CAUSES BEYOND BANK’S DIRECT AND REASONABLE CONTROL, AND CUSTOMER IN ORDER TO HOLD BANK LIABLE SHALL HAVE THE BURDEN OF PROOF TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT ANY LOSS, DAMAGE OR INJURY SUFFERED OR INCURRED BY CUSTOMER WAS FROM A CAUSE THAT WAS WITHIN BANK’S DIRECT AND REASONABLE CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND “AS "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO CUSTOMER. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW LAW, BANK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED SITES. NO LICENSE TO CUSTOMER IS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORTHESE DISCLAIMERS.

Appears in 1 contract

Samples: Agreement for Banking Services

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES Seller has not made and will not make any warranties or representations as to the precise number of square feet within the Premises, the zoning of the Premises, the suitability of the Premises or the Sale Property for any purpose, the operability or usability of the Sale Property, the development potential of the Sale Property, the condition of the Sale Property or any component thereof or any equipment, building, fixture or improvement thereon, or of the soil, the cost, quantity, quality or availability of water or sewer facilities, public utilities or amenities on or to the Sale Property, the location or situation of the Sale Property within any special improvement district, zone or area, or the existence, transferability or value of any mineral rights appurtenant to the Sale Property. BUYER FURTHER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND ALL INFORMATIONIN ANY OTHER DOCUMENT PROVIDED HEREUNDER, PRODUCTS SELLER, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER CONTENT INCLUDED IN PERSONS ACTING ON BEHALF OF NEWRIDERS HAVE MADE NO REPRESENTATION OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND OR NATURE AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH ANY MATTER RELATING TO THE FULLEST EXTENT PERMITTED BY LAW AS TO CONDITION, VALUE, FITNESS, USE OR ZONING, PRECISE AREA OR DIMENSIONS, LOCATIONS OF PROPERTY CORNERS OR BOUNDARIES, OR THE ONLINE BANKING SERVICES AND ALL INFORMATIONCONDITION, PRODUCTS AND OTHER CONTENT INCLUDED IN OPERABILITY, MERCHANTABILITY OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) OF ANY IMPROVEMENTS, FIXTURES, EQUIPMENT, INVENTORY OR OTHER PERSONAL PROPERTY SITUATED ON OR IN THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSSALE PROPERTY, (II) THE ONLINE BANKING SERVICES ALL OF WHICH WILL BE UNINTERRUPTEDCONVEYED TO AND ACCEPTED BY BUYER IN THEIR "AS IS" CONDITION AT THE CLOSE. Buyer hereby releases any claims it may have or acquire against Seller and its agents, TIMELYemployees or representatives in connection with the physical condition of the Premises and the Sale Property, SECURE OR ERROR-FREEits unsuitability for any particular use and/or its noncompliance with any applicable laws, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLErules, (IV) THE QUALITY OF ANY PRODUCTSregulations or ordinances, SERVICESand Buyer expressly waives any and all rights under California Civil Code Section 1542 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORwhich if known by him must have materially affected his settlement with the debtor."

Appears in 1 contract

Samples: Agreement for Sale and Purchase (Newriders Inc)

No Warranties. YOUR ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) VERIZON TECHNICAL SUPPORT IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” OWN RISK AND “AS AVAILABLE” BASISIS NOT WARRANTED. EXCEPT AS OTHERWISE STATED EXPRESSLY PROVIDED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM WE DISCLAIM, WITH RESPECT TO ALL WARRANTIES OF SERVICES, ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONREPRESENTATIONS AND WARRANTIES, PRODUCTS AND OTHER CONTENT INCLUDED IN EXPRESS, IMPLIED OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESARISING BY COURSE OF PERFORMANCE, WHETHER EXPRESS DEALING, CUSTOM OR IMPLIEDTRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONNONINFRINGEMENT. WE WILL PROVISION YOUR QUALIFIED LINE FOR DSL AT THE MAXIMUM LINE RATE AVAILABLE TO YOUR LOCATION BASED ON OUR STANDARD LINE QUALIFICATION PROCEDURES, UNLESS YOU HAVE SELECTED A LEVEL OF SERVICE WITH A LOWER MAXIMUM LINE RATE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN ADDITION, VERIZON DOES NOT GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF VERIZON DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-INFRINGEMENTPROVIDED EQUIPMENT). ALLY BANK AND OUR VENDORS MAKE NO WARRANTY VERIZON DOES NOT WARRANT THAT (I) THE ONLINE BANKING SERVICES SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR REQUIREMENTSNEEDS, (II) THE ONLINE BANKING SERVICES PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORSECURE.

Appears in 1 contract

Samples: www.verizon.com

No Warranties. YOUR USE OF EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN EXHIBIT HERETO, THE ONLINE BANKING SERVICES AND ALL INFORMATIONSOFTWARE APPLICATIONS ARE PROVIDED, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR SAFR CARE SYSTEM IS MADE AVAILABLE AVAILABLE, BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN COMPANY TO CUSTOMER AND USERS “AS IS.AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES COMPANY MAKES NO WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICESKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REGARDING THE SERVICES OR THE COMPANY SYSTEM AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONNON- INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY WARRANTS, FOR THE CUSTOMER'S BENEFIT ALONE, THAT THE INTERNET-INFRINGEMENTBASED APPLICATION THAT THE COMPANY MAKES AVAILABLE TO CUSTOMER VIA THE INTERNET FOR USE WITH THE SERVICES (THE "SAAS APPLICATION") CONFORMS IN ALL MATERIAL RESPECTS TO THE SPECIFICATIONS FOR THECURRENT VERSION OF THE ASP APPLICATION. ALLY BANK THE COMPANY HAS NO CONTROL OVER INTERNET PERFORMANCE OR ACCESS, THE GLOBAL POSITIONING SYSTEM (GPS) SATELLITE NETWORK AND OUR VENDORS MAKE NO WARRANTY THE WIRELESS DATA NETWORKS THAT THE CUSTOMER CHOOSES TO UTILIZE AND THEREFORE DISCLAIMS ALL PERFORMANCE WARRANTEES RELATED TO THESE SERVICES. UNDER SOME TRANSIENT CONDITIONS (IE.G., THE MOBILE ASSETS PASS UNDER BRIDGES, THROUGH TUNNELS, ETC.) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSERRONEOUS DATA, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDSUCH AS SPEED, TIMELYLOCATION, SECURE DIRECTION OR ERROR-FREEOPERATIONAL STATUS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORTRANSMITTED.

Appears in 1 contract

Samples: Business Associate Agreement

No Warranties. YOUR USE Distributor does not warrant uninterrupted or error-free operation of the Platform. ALL OF THE ONLINE BANKING PRODUCTS, CLOUD SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER AND/OR CONTENT INCLUDED IN OR ACCESSIBLE FROM ON THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” AVAILABLE BASIS. EXCEPT AS OTHERWISE STATED HEREIN" AND DISTRIBUTOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES IMPLIED, OR STATUTORY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDKIND, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOF ANY KIND. ALLY BANK AND OUR VENDORS MAKE DISTRIBUTOR DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CLOUD SERVICES, INFORMATION, OR PROCESS PROVIDED IN CONJUNCTION WITH THE PLATFORM. CSR and Visitors browsing the Platform use the Platform at their own risk. Additionally, Distributor provides any information, including but not limited to, product descriptions, technical specifications, hardware requirements, and pricing received from CSP for the Cloud Services on an "AS IS" basis. DISTRIBUTOR MAKES NO WARRANTY THAT (I) REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSQUALITY, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDSUITABILITY, TIMELYTRUTH, SECURE ACCURACY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE COMPLETENESS OF ANY OF THE ONLINE BANKING SERVICES WILL INFORMATION CONTAINED ON THE PLATFORM. DISTRIBUTOR DOES NOT WARRANT OR REPRESENT THAT THE PLATFORM'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE AND ALL INFORMATION IS PROVIDED WITHOUT CHARGE AS A CONVENIENCE TO BE ACCURATE USED FOR INFORMATIONAL PURPOSES ONLY AND AT THE SOLE AND INDIVIDUAL RISK OF THE CSR, THE END USERS OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION THEIR OR OTHER MATERIAL PURCHASED ITS GUESTS OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORPERMITEES.

Appears in 1 contract

Samples: Cloud Services Reseller Agreement Platform Addendum

No Warranties. YOUR USE OF Although Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the OB Services, Bank makes no representation, endorsement, or warranty that such contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE ONLINE BANKING OB SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE OB SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY AS NOTED BELOW, BANK AND OUR VENDORS MAKE ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE OB SERVICES. Finally without limitation as to the foregoing, in regard to limitation of liability, IN NO EVENT WILL BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING OB SERVICES WILL OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE OB SERVICES OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE OR RELIABLE, (IV) PART OF AR ACCESSED VIA THE QUALITY OF ANY PRODUCTS, OB SERVICES, INFORMATION OR ANY CONTENTS OF THE OB SERVICES OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE, EVEN IF BANK IS AWARE OF THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Online Banking Agreement

No Warranties. YOUR USE OF Although Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the Mobile Banking Services, Bank makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE ONLINE MOBILE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE MOBILE BANKING SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE MOBILE BANKING SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY AS NOTED BELOW, BANK AND OUR VENDORS MAKE ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE MOBILE BANKING SERVICE. FINALLY WITHOUT LIMITATION AS TO THE FOREGOING, IN REGARD TO LIMITATION OF LIABILITY, IN NO EVENT WILL BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE MOBILE BANKING SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ONLINE BANKING SERVICES WILL FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS MOBILE BANKING SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE PART OF OR RELIABLEACCESSED VIA THE MOBILE BANKING SERVICE, (IV) OR ANY CONTENTS OF THIS MOBILE BANKING SERVICE OR ANY OTHER SERVICE, EVEN IF BANK IS AWARE OF THE QUALITY POSSIBILITY OF ANY PRODUCTSSUCH DAMAGES. If you download the Mobile Banking Service from Apple, SERVICESInc. via the Apple App Store, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSthen in the event of any failure of the Mobile Banking Service to conform to the warranty as described in this Agreement, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORyou may notify Apple, Inc., and Apple, Inc. will refund your purchase price for the Mobile Banking Service, if any. However, to the maximum extent allowed by Applicable Law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Mobile Banking Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bank and any of its third party providers.

Appears in 1 contract

Samples: Online Banking – Agreement

No Warranties. YOUR Re: AppraisalPort, etc. USER EXPRESSLY AGREES THAT THE USE OF APPRAISALPORT, FNC SOFTWARE AND THE ONLINE BANKING SERVICES AND ALL INFORMATIONINTERNET, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR USER'S SOLE RISK. APPRAISALPORT, FNC SOFTWARE, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE ONLINE BANKING SERVICES INTERNET ARE PROVIDED ON AN “"AS IS" AND "AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN" FOR USE, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONKIND, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONAGAINST INFRINGEMENT UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. FNC PROVIDES APPRAISALPORT SERVICES ON A COMMERCIALLY REASONABLE BASIS. FNC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT APPRAISALPORT, FNC SOFTWARE OR THE INTERNET WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. FNC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH APPRAISALPORT AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN USER AND ITS PROVIDERS, OR USER (AND ITS PROVIDERS) AND CLIENTS OR THIRD-PARTIES. Additionally, re: the Information (including any software). USER SPECIFICALLY ACKNOWLEDGES THAT APPRAISALPORT MUST RELY ON THE COMPLETENESS, ACCURACY AND AUTHENTICITY OF INFORMATION PROVIDED BY ITS SUPPLIERS AND BY PUBLIC RECORDS AND OTHER SOURCES OF INFORMATION, THAT APPRAISALPORT DOES NOT ATTEMPT TO INDEPENDENTLY VERIFY THE COMPLETENESS, ACCURACY OR AUTHENTICITY OF SUCH INFORMATION, AND THAT THE INFORMATION REPORTED TO AND BY APPRAISALPORT MAY BE SUBJECT TO TRANSCRIPTION AND TRANSMISSION ERRORS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, APPRAISALPORT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY WITHOUT LIMITING THE FOREGOING, USER SPECIFICALLY ACKNOWLEDGES THAT (Ii) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSINFORMATION, WHILE BELIEVED RELIABLE, CANNOT BE GUARANTEED AS ACCURATE, AND USER IS OBLIGED TO SECURE SUCH CONFIRMATION OF SUCH INFORMATION AS GOOD PROFESSIONAL PRACTICE DICTATES; (IIii) USER SHALL BE RESPONSIBLE FOR ASSURING THAT THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE INFORMATION AND ANY SOFTWARE IS APPROPRIATE TO ACHIEVE USER'S INTENDED RESULTS THAT MAY BE OBTAINED FROM AND FOR THE USE OF THE ONLINE BANKING SERVICES INFORMATION AND SOFTWARE AND RESULTS OBTAINED THEREFROM; AND (iii) APPRAISALPORT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR THE SOFTWARE WILL BE ACCURATE ERROR FREE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OROPERATE WITHOUT INTERRUPTION.

Appears in 1 contract

Samples: www.workingre.com:443

No Warranties. YOUR Re: AppraisalPort, etc. SUBSCRIBER EXPRESSLY AGREES THAT THE USE OF APPRAISALPORT, FNC SOFTWARE AND THE ONLINE BANKING SERVICES AND ALL INFORMATIONINTERNET, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SUBSCRIBER'S SOLE RISK. APPRAISALPORT, FNC SOFTWARE, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE ONLINE BANKING SERVICES INTERNET ARE PROVIDED ON AN “"AS IS" AND "AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN" FOR USE, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONKIND, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONAGAINST INFRINGEMENT UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. FNC PROVIDES APPRAISALPORT SERVICES ON A COMMERCIALLY REASONABLE BASIS. FNC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE APPRAISALPORT, FNC SOFTWARE OR THE INTERNET WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. FNC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH APPRAISALPORT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN SUBSCRIBER OR ITS PROVIDERS AND CLIENTS OR THIRD-PARTIES. Additionally, re: the Information (including any software). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT APPRAISALPORT MUST RELY ON THE COMPLETENESS, ACCURACY AND AUTHENTICITY OF INFORMATION PROVIDED BY ITS SUPPLIERS AND BY PUBLIC RECORDS AND OTHER SOURCES OF INFORMATION, THAT APPRAISALPORT DOES NOT ATTEMPT TO INDEPENDENTLY VERIFY THE COMPLETENESS, ACCURACY OR AUTHENTICITY OF SUCH INFORMATION, AND THAT THE INFORMATION REPORTED TO AND BY APPRAISALPORT MAY BE SUBJECT TO TRANSCRIPTION AND TRANSMISSION ERRORS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, APPRAISALPORT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY WITHOUT LIMITING THE FOREGOING, SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT (Ii) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSINFORMATION, WHILE BELIEVED RELIABLE, CANNOT BE GUARANTEED AS ACCURATE, AND SUBSCRIBER IS OBLIGED TO SECURE SUCH CONFIRMATION OF SUCH INFORMATION AS GOOD PROFESSIONAL PRACTICE DICTATES; (IIii) SUBSCRIBER SHALL BE RESPONSIBLE FOR ASSURING THAT THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE INFORMATION AND ANY SOFTWARE IS APPROPRIATE TO ACHIEVE SUBSCRIBER'S INTENDED RESULTS THAT MAY BE OBTAINED FROM AND FOR THE USE OF THE ONLINE BANKING SERVICES INFORMATION AND SOFTWARE AND RESULTS OBTAINED THEREFROM; AND (iii) APPRAISALPORT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR THE SOFTWARE WILL BE ACCURATE ERROR FREE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OROPERATE WITHOUT INTERRUPTION.

Appears in 1 contract

Samples: www.workingre.com

No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER SERVICE IS PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN TO YOU “AS IS” AND “AS AVAILABLE” BASISAND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE STATED HEREINTO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALLY BANK SAFEGUARD EQUIPMENT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS VENDORS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDSERVICE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. ALLY BANK AND OUR VENDORS MAKE WITHOUT LIMITATION TO THE FOREGOING, SAFEGUARD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE ONLINE BANKING SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTEDCOMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, TIMELYAPPLICATIONS, SECURE SYSTEMS, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR OTHER MATERIAL PURCHASED RELIABILITY STANDARDS OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS IN THE TECHNOLOGY CAN OR WILL BE CORRECTED ORCORRECTED. Without limiting the foregoing, Safeguard makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of Safeguard are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Appears in 1 contract

Samples: License Agreement

No Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT OR UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE ONLINE BANKING SERVICES ARE AND ALL INFORMATION, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM ANY WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS SUBJECT TO CHANGE AT ANY TIME. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THAT: (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, FREE FROM DEFECTS OR VIRUSES OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, EXPECTATIONS OR (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORCORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES.

Appears in 1 contract

Samples: Banking Agreement

No Warranties. YOUR USE OF Although Credit Union attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials on the Services, Credit Union makes no representation, endorsement, or warranty that such contents are accurate or suitable for any particular purpose. In addition to any other warranty issues discussed in this Agreement, THE ONLINE BANKING SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINUSE OF THE SERVICES AND CONTENTS IS AT YOUR SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL ENDORSEMENTS, OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONWHATSOEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ALLY BANK AND OUR VENDORS MAKE AS NOTED BELOW, Credit Union ALSO MAKES NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATIONS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDENDORSEMENTS, TIMELYOR WARRANTIES, SECURE EITHER EXPRESS OR ERROR-FREEIMPLIED, (III) THE RESULTS THAT WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY WHICH MAY BE OBTAINED FROM PART OF OR ACCESSED VIA THE SERVICE. Finally without limitation as to the foregoing, in regard to Limitation of Liability, IN NO EVENT WILL Credit Union OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE ONLINE BANKING SERVICES WILL SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY WHICH MAY BE ACCURATE PART OF AR ACCESSED VIA THE SERVICE, OR RELIABLEANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, (IV) EVEN IF Credit Union IS AWARE OF THE QUALITY POSSIBILITY OF ANY PRODUCTSSUCH DAMAGES. If you download the Service from Apple, SERVICESInc. via the Apple App Store, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSthen in the event of any failure of the Service to conform to the warranty as described in this Agreement, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORyou may notify Apple, Inc., and Apple, Inc. will refund your purchase price for the Service, if any. However, to the maximum extent allowed by Applicable Law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Credit Union and any of its third-party providers.

Appears in 1 contract

Samples: Disclosure and Agreement

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