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: Online Banking Services Agreement, Online Banking Services Agreement, 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: Terms of Service, Terms of Service, Terms of Service
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 VERIZON AND ITS VENDORS EXPRESSLY DISCLAIM THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS 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. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. IN ADDITION, VERIZON DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF THE SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWORK FACILITY 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) OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR 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 ORLIKE.
Appears in 3 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
No Warranties. YOUR CLIENT UNDERSTANDS THAT SAVVY WILL USE ITS BEST EFFORTS TO PROVIDE SERVICES OF THE ONLINE BANKING SERVICES AND ALL INFORMATIONAS HIGH QUALITY AS POSSIBLE. HOWEVER, PRODUCTS AND OTHER CONTENT INCLUDED IN SAVVY MAKES NO GUARANTEES 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 INFORMATIONSORT, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS 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 ACTUAL QUALITY OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLESERVICES, (IV) THE QUALITY OF MAINTENANCE PERFORMED ON CLIENT’S AIRCRAFT, OR THE SAFETY OR AIRWORTHINESS OF CLIENT’S AIRCRAFT. CLIENT UNDERSTANDS THAT CLIENT REMAINS FULLY RESPONSIBLE FOR THE INSPECTIONS AND MAINTENANCE PERFORMED ON ANY PRODUCTS, AIRCRAFT OWNED BY OR FLOWN BY THE CLIENT. IN PROVIDING THE SERVICES, INFORMATION SAVVY MAY USE CERTAIN ANALYTICAL SOFTWARE TOOLS IT HAS DEVELOPED. ALTHOUGH SAVVY USES REASONABLE CARE TO ENSURE THAT SUCH TOOLS PROVIDE ACCURATE RESULTS, SAVVY MAKES NO COMMITMENTS, REPRESENTATIONS OR OTHER MATERIAL PURCHASED WARRANTIES ABOUT THE SPECIFIC FUNCTIONS OR OBTAINED BY YOU THROUGH RELIABILITY OF SUCH TOOLS, THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSACCURACY OR RELIABILITY OF THE UNDERLYING ALGORITHMS AND SOFTWARE, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORACCURACY OF SAVVY’S RESULTING INTERPRETATIONS OF ENGINE DATA.
Appears in 3 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
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 3 contracts
Samples: Online Banking Services Agreement, Online Banking Services Agreement, Online Banking Services Agreement
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: Terms of Service Agreement, Terms of Service
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: Digital Banking Agreement, Digital Banking Agreement
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: Subscription Agreement, Subscription Agreement
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: 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 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: Online Services Agreement, Online Services Agreement
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: End User License Agreement, 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: License Agreement, License 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 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.
Appears in 2 contracts
Samples: Fcu Fam® Agreement and Disclosure, Fcu Fam Agreement and Disclosure
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: Online Banking 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 ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREINCSP, ALLY BANK ITS DIRECTORS, EMPLOYEES, AGENTS, 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 CSP, ITS DIRECTORS, EMPLOYEES, AGENTS, 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 WILL BE ACCURATE OR RELIABLESERVICES, (IVii) REGARDING THE QUALITY ACCURACY OR RELIABILITY OF ANY PRODUCTS, INFORMATION OBTAINED THROUGH THE SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH (iii) THAT THE ONLINE BANKING SERVICES 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 IS AT YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY OWN DISCRETION AND RISK. YOU WILL BE CORRECTED ORSOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. CSP DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY DATA, INCLUDING CUSTOMER DATA, USER INFORMATION, OR COMMUNICATIONS BETWEEN USERS. USE OF THE SERVICES IS AT YOUR SOLE RISK.
Appears in 1 contract
Samples: Terms of Service
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
No Warranties. YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATIONTo the extent permitted by law, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES Deputy does not warrant or guarantee:
(WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDORa) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISthat the Deputy Application will meet the Customer’s requirements and expectations;
(b) that the Deputy Application will be compatible with, or capable of being used on or in connection with, the Customer’s computer and communications systems;
(c) that the Customer’s access to the Deputy Application will be uninterrupted or error free;
(d) that the Deputy Application will be accurate, reliable or fit for any particular purpose;
(e) anything that Deputy does not expressly warrant in this Agreement or in the Statement of Work. EXCEPT AS OTHERWISE STATED HEREINMAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE STATEMENT OF WORK, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF DEPUTY MAKES NO EXPRESS WARRANTY WITH REGARD TO THE DEPUTY APPLICATION AND/OR THE DEPUTY INFRASTRUCTURE AND/OR THE SUBSCRIPTION SERVICES AND/OR ANY KIND OTHER SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW AS ALLOWED UNDER APPLICABLE LAW, DEPUTY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THE ONLINE BANKING DEPUTY APPLICATION, DEPUTY INFRASTRUCTURE, THE SUBSCRIPTION SERVICES AND ANY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO IMPLIED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. CERTAIN LAWS IMPLY TERMS AND CONDITIONS INTO CONTRACTS FOR THE SUPPLY OF GOODS OR SERVICES THAT CANNOT BE EXCLUDED (FOR EXAMPLE, THAT SERVICES MUST BE PROVIDED WITH DUE CARE AND SKILL AND FIT FOR ANY SPECIFIED PURPOSE) (“NON- EXCLUDABLE CONDITION”). IN THE EVENT THAT A TERM, CONDITION OR WARRANTY IS IMPLIED BY LAW INTO THIS AGREEMENT AND DEPUTY BREACHES THAT NON-INFRINGEMENT. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSEXCLUDABLE CONDITION, (II) THE ONLINE BANKING SERVICES DEPUTY’S LIABILITY 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 ORMINIMUM PERMITTED UNDER SUCH LAW.
Appears in 1 contract
Samples: Subscription Agreement
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: End User License Agreement
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.
D. Limitation on Liability
Appears in 1 contract
Samples: Online Banking Services Agreement
No Warranties. YOUR 13.1. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR ITS’ OWN OR ANY USER’S USE OF THE ONLINE BANKING NEIT’S DSL/WIRELESS 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 RISKINTERNET.
13.2. THE ONLINE BANKING NEIT’S DSL/WIRELESS SERVICES ARE PROVIDED ON AN “AS AS-IS” AND “AS AS-AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL NEIT MAKES NO WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW OR GUARANTEES AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM CONTINUOUS AVAILABILITY OF THE ONLINE BANKING DSL/WIRELESS SERVICES, WHETHER ANY SPECIFIC FEATURES OF THE DSL/WIRELESS SERVICES, TRANSMISSION SPEEDS OF THE DSL/WIRELESS SERVICES, OR THAT DSL/WIRELESS SERVICES WILL BE PRIVATE, UNINTERRUPTED OR ERROR FREE. 13.3. SERVICES ARE “UP TO” THE TRANSMISSION SPEEDS PROVIDED UNDER THE DSL/WIRELESS SERVICE AGREEMENT, BUT MAY BE LOWER FOR A VARIETY OF REASONS INCLUDING, BUT NOT LIMITED TO: THE PERFORMANCE OF, AND HIGH DEMAND ON, THE INTERNET, PARTICULARLY DESTINATIONS OR NETWORKS NOT DIRECTLY CONNECTED TO CUSTOMER; THE SPEED OF THE DESTINATION WEBSITE; THE PERFORMANCE OF CUSTOMER-OWNED COMPUTER(S) AND NETWORK EQUIPMENT; THE TYPE OF CONNECTION BETWEEN CUSTOMER EQUIPMENT AND THE MODEM, NETWORK TERMINAL OR RADIO; HIGH DEMAND ON THE NEIT NETWORK; AND THE CUSTOMER LOCATION. NEIT HAS CONSTRUCTED AND OPERATES ITS NETWORK TO MINIMIZE THE IMPACT OF HIGH DEMAND, BUT IN CERTAIN AREAS, AT SOME TIMES, DEMAND MAY EXCEED THE NETWORK’S ABILITY TO DELIVER THE SPEEDS SET FORTH IN THE DSL/WIRELESS SERVICE AGREEMENT. NEIT RECOMMENDS THAT CUSTOMER TEST THE TRANSMISSION SPEED AT THE LOCATION WHERE CUSTOMER WILL BE RECEIVING SERVICES PRIOR TO SIGNING THE DSL/WIRELESS SERVICE AGREEMENT. NEIT WILL ASSIST WITH THIS TESTING UPON CUSTOMER REQUEST. 13.4. NEIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE OR NON-INFRINGEMENTINFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO ITS DSL/WIRELESS SERVICES. ALLY BANK THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY NEIT, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS. NO ADVICE OR INFORMATION GIVEN BY NEIT, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY. 14. LIMITATION OF LIABILITY. 14.1. DSL/WIRELESS SERVICES ARE SUBJECT TO OCCASIONAL TEMPORARY INTERRUPTIONS OR IRREGULARITIES, AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TOPOGRAPHICAL AND OTHER LIKE CONDITIONS. ADDITIONALLY, DSL/WIRELESS 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 TEMPORARILY REFUSED, LIMITED, INTERRUPTED OR CURTAILED DUE TO GOVERNMENT REGULATIONS OR ORDERS, SYSTEM CAPACITY LIMITATIONS, LIMITATIONS IMPOSED BY AN UNDERLYING COMMUNICATIONS CARRIER, OR BECAUSE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION REALLOCATION OR OTHER MATERIAL PURCHASED SIMILAR ACTIVITIES NECESSARY OR OBTAINED BY YOU THROUGH PROPER FOR THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSOPERATION, (V) REPAIR, MAINTENANCE OR IMPROVEMENT OF NEIT’S NETWORK. NEIT SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY ERRORS DAMAGES OF WHATEVER TYPE OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORNATURE WHICH MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TEMPORARY INTERRUPTIONS OF DSL/WIRELESS SERVICES.
Appears in 1 contract
Samples: DSL/Wireless Terms and Conditions
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: Terms of Service
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 NONFREEDOM FROM COMPUTER VIRUS) IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIAL CONTAINED IN THIS SITE. Limitation of Liability. IN NO EVENT WILL BANK OF FARMINGTON OR AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (other 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-INFRINGEMENTParty Site”) are provided strictly for convenience. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT If you click a link for a Third-Party Site, you will leave our Website and enter an external website owned, operated, 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 (Ii) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSdo not control nor are we responsible for the content, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORproducts and/or services provided by any Third-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 ORParty Site,
Appears in 1 contract
Samples: Website Terms of Use
No Warranties. YOUR 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 VENDORVENDOR OR SUPPLIER) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY THE BANK AND ITS VENDORS AND SUPPLIERS 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 THE BANK AND OUR VENDORS AND SUPPLIERS 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: Online Banking 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: Banking Services Agreement
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: Master Service 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 THE USE OF THE ONLINE BANKING SERVICES “ADWALLET” IN SECTIONS 17 AND ALL INFORMATION18 MEANS ADWALLET, PRODUCTS ITS PROCESSORS, ITS SUPPLIERS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES 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, ADWALLET 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 ADWALLET 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) THE RESULTS WITHOUT DEFECT OR SECURE; THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES ANY DEFECTS OR ERRORS WILL BE ACCURATE CORRECTED; OR RELIABLE, (IV) THAT THE QUALITY SERVICES ARE FREE OF ANY PRODUCTS, SERVICES, INFORMATION VIRUSES OR OTHER MATERIAL PURCHASED HARMFUL COMPONENTS. XXXXXXXX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR OBTAINED ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY YOU THROUGH A THIRD PARTY. ADWALLET DOES NOT HAVE CONTROL OF, OR LIABILITY FOR, GOODS OR SERVICES THAT ARE PAID FOR USING THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORSERVICES.
Appears in 1 contract
Samples: General Terms of Service
No Warranties. YOUR 13.1. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR ITS’ OWN OR ANY USER’S USE OF THE ONLINE BANKING HTC’S FTTH 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 RISKINTERNET.
13.2. THE ONLINE BANKING HTC’S FTTH SERVICES ARE PROVIDED ON AN “AS AS-IS” AND “AS AS-AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ALLY BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL HTC MAKES NO WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW OR GUARANTEES AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM CONTINUOUS AVAILABILITY OF THE ONLINE BANKING FTTH SERVICES, WHETHER ANY SPECIFIC FEATURES OF THE FTTH SERVICES, TRANSMISSION SPEEDS OF THE FTTH SERVICES, OR THAT FTTH SERVICES WILL BE PRIVATE, UNINTERRUPTED OR ERROR FREE.
13.3. SERVICES ARE “UP TO” THE TRANSMISSION SPEEDS PROVIDED UNDER THE FTTH SERVICE AGREEMENT, BUT MAY BE LOWER FOR A VARIETY OF REASONS INCLUDING, BUT NOT LIMITED TO: THE PERFORMANCE OF, AND HIGH DEMAND ON, THE INTERNET, PARTICULARLY DESTINATIONS OR NETWORKS NOT DIRECTLY CONNECTED TO CUSTOMER; THE SPEED OF THE DESTINATION WEBSITE; THE PERFORMANCE OF CUSTOMER-OWNED COMPUTER(S) AND NETWORK EQUIPMENT; THE TYPE OF CONNECTION BETWEEN CUSTOMER EQUIPMENT AND THE MODEM, NETWORK TERMINAL OR RADIO; HIGH DEMAND ON THE HTC NETWORK; AND THE CUSTOMER LOCATION. HTC HAS CONSTRUCTED AND OPERATES ITS NETWORK TO MINIMIZE THE IMPACT OF HIGH DEMAND, BUT IN CERTAIN AREAS, AT SOMETIMES, DEMAND MAY EXCEED THE NETWORK’S ABILITY TO DELIVER THE SPEEDS SET FORTH IN THE FTTH SERVICE AGREEMENT. HTC RECOMMENDS THAT CUSTOMER TEST THE TRANSMISSION SPEED AT THE LOCATION WHERE CUSTOMER WILL BE RECEIVING SERVICES PRIOR TO SIGNING THE FTTH SERVICE AGREEMENT. HTC WILL ASSIST WITH THIS TESTING UPON CUSTOMER REQUEST. 13.4. HTC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE OR NON-INFRINGEMENTINFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO ITS FTTH SERVICES. ALLY BANK THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY HTC, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS. NO ADVICE OR INFORMATION GIVEN BY HTC, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY. 14. LIMITATION OF LIABILITY. 14.1. FTTH SERVICES ARE SUBJECT TO OCCASIONAL TEMPORARY INTERRUPTIONS OR IRREGULARITIES, AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TOPOGRAPHICAL AND OTHER LIKE CONDITIONS. ADDITIONALLY, FTTH 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 TEMPORARILY REFUSED, LIMITED, INTERRUPTED OR CURTAILED DUE TO GOVERNMENT REGULATIONS OR ORDERS, SYSTEM CAPACITY LIMITATIONS, LIMITATIONS IMPOSED BY AN UNDERLYING COMMUNICATIONS CARRIER, OR BECAUSE OF EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR REALLOCATION OR OTHER SIMILAR ACTIVITIES NECESSARY OR PROPER FOR THE OPERATION, REPAIR, MAINTENANCE, OR IMPROVEMENT OF HTC’S NETWORK. HTC SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES OF WHATEVER TYPE OR NATURE WHICH MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TEMPORARY INTERRUPTIONS OF FTTH SERVICES.
14.2. HTC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE SUSTAINED BY CUSTOMER CAUSED BY THE ACT OR OMISSION TO ACT OF ANY THIRD PARTY OR ANY ACT OR OMISSION TO ACT WHICH IS BEYOND HTC’S CONTROL.
14.3. IN NO EVENT WILL HTC BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES, FOR LOSS OF GOOD WILL, WORK-STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE HTC’S FTTH SERVICES, EVEN IF HTC OR ITS AUTHORIZED REPRESENTATIVE(S) HAVE BEEN ADVISED OF THE ONLINE BANKING POSSIBILITY OF SUCH DAMAGES.
14.4. CUSTOMER ACKNOWLEDGES THAT INTERNET SYSTEMS USE PUBLIC ACCESS FACILITIES TO TRANSMIT VOICE AND DATA COMMUNICATIONS AND THAT THE FTTH SERVICES WILL MAY NOT BE ACCURATE COMPLETELY PRIVATE. HTC IS NOT LIABLE TO CUSTOMER FOR ANY CLAIMS, LOSS, DAMAGES OR RELIABLECOST WHICH MAY RESULT FROM LACK OF PRIVACY WHILE ACCESSING THE INTERNET VIA HTC’S FTTH SERVICES.
14.5. HTC EXERCISES NO CONTROL WHATSOEVER OVER THE FORM, CONTENT OR NATURE OF THE INFORMATION, SOFTWARE, GRAPHICS, PHOTOGRAPHS, VIDEO, SPEECH, SOUNDS, MUSIC, AND OTHER MATERIAL AND SERVICES COMMUNICATED THROUGH THE INTERNET (IV) HEREINAFTER COLLECTIVELY REFERRED TO AS “DATA”).
14.5.1. HTC MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES AS TO, AND CUSTOMER MUST BEAR THE QUALITY RISK OF RELYING ON, THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCTSDATA. EXCEPT AS PART OF ANY ANTI-SPAM AND ANTI-VIRUS FILTERING SERVICE, SERVICESHTC DOES NOT SCREEN OR FILTER ANY DATA. HTC HAS NO OBLIGATION TO SCREEN, FILTER OR MONITOR DATA. ACCORDINGLY, HTC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ACTION OR INACTION BY HTC WITH RESPECT TO DATA.
14.5.2. HTC RESERVES THE RIGHT (BUT SHALL HAVE NO OBLIGATION) TO MONITOR DATA AND TO REMOVE DATA THAT HTC DEEMS UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THE INTERNET ACCESS AGREEMENT INCLUDING, BUT NOT LIMITED TO, HTC’S ACCEPTABLE USE POLICY. HTC RESERVES THE RIGHT TO DISCLOSE ANY DATA AND TO IDENTIFY THE RESPONSIBLE CUSTOMER AS MAY BE REQUIRED BY LAW, OR TO OPERATE HTC’S FTTH SERVICES PROPERLY, OR TO PROTECT ITSELF OR ITS OTHER CUSTOMERS.
14.5.3. CUSTOMER ACKNOWLEDGES THAT INTERNET SYSTEMS MAY CARRY MATERIAL WHICH MAY BE CONSIDERED ABUSIVE, PROFANE OR SEXUALLY OFFENSIVE AND THAT HTC IS NOT LIABLE TO CUSTOMER FOR ANY CLAIMS, LOSS, DAMAGES OR COST WHICH MAY RESULT FROM SUCH MATERIAL.
14.5.4. EXCEPT AS REQUIRED BY LAW, HTC SHALL HAVE NO DUTY OR OBLIGATION TO ADVISE CUSTOMER OF ANY RISK THAT MAY ARISE FROM THE AVAILABILITY, USE, POSSESSION OR TRANSMISSION OF DATA OR PROVIDE ANY INFORMATION TO CUSTOMER RELATING THERETO, EVEN IF AT ANY TIME HTC MAY ATTEMPT TO DO SO.
14.6. WITHOUT LIMITING THE EFFECT OF ANY OTHER PROVISION IN THIS SECTION 14, HTC’S SOLE LIABILITY, IF ANY, FOR LOSS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DAMAGE ARISING OUT OF THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONSMISTAKES, (V) ANY OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED ORFTTH SERVICES OR TRANSMISSION OF FTTH SERVICES PROVIDED BY HTC OR ANY UNDERLYING COMMUNICATIONS CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF HTC OR ANY UNDERLYING COMMUNICATIONS CARRIER TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION, OCCURRING IN THE COURSE OF FURNISHING FTTH SERVICES AND NOT CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF THE CUSTOMER OR ANY USER, SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO HTC FOR SAID FTTH SERVICES FOR THE MONTH DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT OCCURS.
14.7. EXCEPT AS PERMITTED UNDER SECTION 14.6, IF CUSTOMER IS DISSATISFIED WITH THE FTTH SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF HTC IN OPERATING THE FTTH SERVICES, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE INTERNET ACCESS AGREEMENT.
Appears in 1 contract
Samples: FTTH Terms and Conditions
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” BASISWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY, AND EFFORT IS WITH THE 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 AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATIONOR CONDITIONS, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, REGARDING THE TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, NON-INTERFERENCE WITH CUSTOMER’S QUIET ENJOYMENT, THAT THE TECHNOLOGIES WILL MEET CUSTOMER’S REQUIREMENTS, ARE ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, SECURE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY EXPRESSLY DISCLAIMED. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) WITHOUT LIMITING THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSFOREGOING, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE CONGA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREEFREE OPERATION OF THE SERVICE. CONGA IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO CUSTOMER’S COMPUTER, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SYSTEMS OR OTHER EQUIPMENT ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) TECHNOLOGIES. CUSTOMER UNDERSTANDS AND AGREES THAT USE OF 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 ORSERVICE IS AT CUSTOMER’S OWN RISK AND DISCRETION.
Appears in 1 contract
Samples: Freemium License Agreement
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 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 AND OTHER CONTENT INCLUDED IN WARRANTIES INCLUDING ANY: (A) WARRANTIES 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 CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SOFTWARE OR SERVICES; (IIC) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES 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 CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SOFTWARE OR SERVICES; (F) WARRANTIES THAT YOUR USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE SECURE OR RELIABLE, UNINTERRUPTED; AND (IVG) WARRANTIES 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 1 contract
Samples: End User License Agreement
No Warranties. YOUR USE American Messaging Services, LLC agrees to assign to Reseller any of the manufacturers’ consumer warranties received by American Messaging Services, LLC and intended for the End User with respect to the Equipment. RESELLER ACKNOWLEDGES THAT AMERICAN MESSAGING SERVICES, LLC IS NOT THE MANUFACTURER OF ANY OF THE ONLINE BANKING SERVICES EQUIPMENT, AND ALL INFORMATIONRESELLER AGREES THAT, 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 INFORMATIONLAW, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING AMERICAN MESSAGING SERVICES, WHETHER LLC HAS MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING BUT AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY, OF ANY OF THE EQUIPMENT. RESELLER RECEIVES THE EQUIPMENT FROM AMERICAN MESSAGING SERVICES, LLC “AS IS.” AMERICAN MESSAGING SERVICES, LLC SHALL NOT LIMITED BE LIABLE TO IMPLIED RESELLER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY EQUIPMENT OR BY THE USER OR MANUFACTURER THEREOF, OR BY ANY REPAIR, SERVICE OR ADJUSTMENT THERETO OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATSOEVER AND HOWSOEVER CAUSED. RESELLER ACKNOWLEDGES THAT DISSATISFACTION WITH THE EQUIPMENT WILL NOT RELIEVE RESELLER OF ANY OBLIGATION UNDER THIS AGREEMENT. NEITHER AMERICAN MESSAGING SERVICES, LLC NOR ITS AFFILIATES MAKE ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, CONCERNING THE FACILITIES, SYSTEMS, OR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE. THIS SECTION SHALL APPLY TO RESELLER AND NON-INFRINGEMENTANY OF RESELLER’S END USERS. ALLY BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTSReseller expressly acknowledges that American Messaging Services, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTEDLLC shall have no liability for any failure, TIMELYdefects, SECURE OR ERROR-FREEmalfunctions or errors in the Facilities, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLESystems, (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 for the provision of services hereunder to Reseller or its End Users.
Appears in 1 contract
Samples: Reseller 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: Digital Banking Agreement
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: Master Service 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: Cloaked Pay Agreement
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: User Agreement
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: Loopnet Subscription Agreement
