Our Representations and Warranties. We hereby represent and warrant to you that:
(a) we have the full right, power and authority to enter into this Agreement and to perform our obligations hereunder and our entering into of this Agreement and performance hereunder does not and will not conflict with or result in any breach or default under any other agreement to which we are subject; and (b) the execution of this Agreement by our representative whose signature is set forth on the signature page has been duly authorized by all necessary corporate action.
Our Representations and Warranties. We represent and warrant that we will comply in all material respects with the CPS and CP including with respect to the creation and revocation of Certificates and use of the Repository.
Our Representations and Warranties. We represent and warrant to you that throughout the term of this Loan and Security Agreement:
Our Representations and Warranties. (a) For Products supplied to US Users, we represent and warrant that we have not been: (i) placed on the sanctions list issued by the Office of the Inspector General of the Dept of Health & Human Services; (ii) excluded from government contracts by the General Services Administration; or
Our Representations and Warranties. We hereby represent and warrant to you at all times that
(i) we will comply with these Terms of Use and all applicable laws, rules and regulations regarding your use of the Payment Platform and End Customer data and the Services; (ii) the Payment Platform and the Services when used in accordance with these Terms of Use shall not infringe the intellectual property rights of any third party; (iii) we have full power and authority to enter into and comply with these Terms of Use;
Our Representations and Warranties. We represent and warrant that we will
(a) use commercially reasonable efforts to protect the security, confidentiality, and integrity of Your Data;
(b) comply with Applicable Law;
(c) ensure that the Purchased Services will not introduce Malicious Code into Your systems;
(d) that Our contractors and subcontractors have agreed to the requirements of this Service Agreement and qualify as a “Service Provider” under Applicable Law;
Our Representations and Warranties. We hereby represent and warrant to and covenant with you that:
Our Representations and Warranties. We represent and warrant to Customer as of the date you accept this Agreement that we have the power, authority, and legal right to enter into this Agreement; and perform our obligations hereunder this Agreement. • GENERAL DISCLAIMERS. Other than the foregoing sentence, NGD makes no representations or warranties to customer, and any implied warranties are expressly disclaimed. THE SERVICES ARE PROVIDED “AS-IS, WHERE-IS” AND “WITH ALL FAULTS” AND CUSTOMER ACCEPTS THE SERVICES AT YOUR OWN RISK. In particular, NGD makes no warranties whatsoever about GENERAL information WE PROVIDE ON OUR WEBSITE OR OTHERWISE. WE DO NOT MAKE, AND HEREBY DISCLAIM, ALL OTHER EXPRESSED AND/OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL MEET ANY OR ALL OF YOUR EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF. • MALWARE DISCLAIMER. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, WHILE NGD USES COMMERCIALLY REASONABLE PRACTICES TO IDENTIFY, SCREEN, AND PREVENT THE INTRODUCTION OF, AND WILL NEVER KNOWINGLY INTRODUCE ANY, VIRUSES, TROJAN HORSES, WORMS, SPYWARE, BACK DOORS, EMAIL BOMBS, MALICIOUS CODE, OR SIMILAR ITEMS (COLLECTIVELY, “MALWARE”) INTO OR THROUGH YOUR EQUIPMENT, NGD MAKES NO REPRESENTATION OR WARRANTY THAT MALWARE WILL NOT INFECT OR AFFECT YOUR EQUIPMENT AND NGD HAS NO LIABILITY IN RESPECT OF ANY MALWARE, INCLUDING LIABILITY BASED UPON A CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT BUT EXCLUDING NGD’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
Our Representations and Warranties. We hereby represent and warrant to you at all times that (i) we will comply with these Terms of Use and all applicable laws, rules and regulations regarding your use of the Transaction Platform, the Services, and End Customer data, as applicable; (ii) the Transaction Platform and the Services when used in accordance with these Terms of Use shall not infringe the intellectual property rights of any third party; (iii) we have full power and authority to enter into and comply with these Terms of Use; (iv) we are compliant with all applicable laws in all jurisdictions in which we operate; and (v) the Services shall be provided by us using reasonable skill and care in accordance with good industry practice;.
Our Representations and Warranties. We represent and warrant that we will provide the Services in a professional manner consistent with the level of care, skill, practice and judgment exercised by other professionals in performing Services of a similar nature under similar circumstances by personnel with requisite skills, qualifications and licenses needed to carry out such work, and in compliance with all applicable laws, regulations, rules, ordinances and orders of governmental authorities having jurisdiction over us and our business, and in a timely and commercially reasonable manner.
