No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT...
No Warranty; Limitation of Liability. We do not represent or warrant that Fraud Protection is error-free or that it will identify all potentially fraudulent transaction activity. PayPal shall not be liable for your losses (such as loss of profits) or damages. The sections of the PayPal User Agreement on “Indemnification and Limitation of Liability” and “Disclaimer of Warranty and Release” apply to your use of Fraud Protection.
No Warranty; Limitation of Liability. FireText reserves the right to modify, suspend, or discontinue the offering of any of the FireText Sites or Services at any time for any reason without prior notice. Further, while FireText utilises electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that messages may be transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contrary, the FireText sites and services are provided “as is” and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G., “Hacking”) nor shall FireText be responsible for any data loss or loss of any information in your account, regardless of the cause. Furthermore, FireText makes no representations or warranties as to the results that may be obtained from use of the se...
No Warranty; Limitation of Liability. 4.1. Data Provider does not represent or warrant that it has any rights whatsoever in the Data.
No Warranty; Limitation of Liability. 9.1. The User uses the services of the Organization's Website at his own risk. The services are provided "as is". The Organization does not assume any responsibility, including for the compliance of the Site's Services with the User's goals;
No Warranty; Limitation of Liability. 11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, THE PLATFORM AND PROPOSED PLATFORM MATERIALS ARE PROVIDED "AS IS" AND THE COMPANY IS NOT RESPONSIBLE FOR POSSIBLE NEGATIVE EFFECTS OF THE USE OF THE PLATFORM AND PROPOSED PLATFORM MATERIALS, ie GENERATED BY THE USE OF THE PLATFORM, THE MATERIALS PROVIDED ON THE PLATFORM ARE PROVIDED BY THE USER AT YOUR OWN RISK.
No Warranty; Limitation of Liability. Indemnification; Export Controls; Governing Law and Statute of Limitations; Termination; Severability;
No Warranty; Limitation of Liability. REPRESENTATION
No Warranty; Limitation of Liability. Neither party makes any representation or warranty, express or implied, with respect to any Confidential Information and neither party will be responsible for any expenses, losses or actions incurred or undertaken by the other party as a result of the receipt and use by such party of Confidential Information of the other party. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY PARTY, INCLUDING THIRD PARTIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT.
No Warranty; Limitation of Liability. (i) CIBC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CIBC PARTIES” AND INDIVIDUALLY, A “CIBC PARTY”) MAKE NO WARRANTY TO CUSTOMER AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF NON- INFRINGEMENT, OR ANY WARRANTY REGARDING THE USE OR THE RESULT OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY (INCLUDING ACCURACY OF TRADING DATA), SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, PRICING, CONTINUED AVAILABILITY, THE PROTECTION OF ANY CONFIDENTIAL OR SENSITIVE INFORMATION, OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT CUSTOMER’S SOLE RISK.
