Common use of Service Disclaimer Clause in Contracts

Service Disclaimer. FYBER PROVIDES THE SERVICES AND/OR ANY FYBER DASHBOARD AND/OR AD INVENTORY “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, FYBER DOES NOT WARRANT THAT DEMAND PARTNER’S USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS- FREE, NOR DOES FYBER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD. FURTHER, DEMAND PARTNER ACKNOWLEDGES THAT AD INVENTORY IS PROVIDED BY SUPPLY PARTNERS AND THAT FYBER DOES NOT ENDORSE NOR MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF ANY PROMISE, CLAIM OR STATEMENT CONTAINED IN ANY AD INVENTORY. FYBER IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY AD INVENTORY. DEMAND PARTNER ACKNOWLEDGES THAT IT HAS RECEIVED NO ASSURANCES FROM FYBER THAT IT WILL EARN ANY PARTICULAR AMOUNT OF MONEY BY USING THE SERVICE OR THAT IT WILL RECOUP ANY EXPENDITURE MADE IN FULFILLMENT OF ITS OBLIGATIONS UNDER THIS AGREEMENT. FYBER IS UNDER NO OBLIGATION TO MONITOR SUPPLY PARTNERS COMPLIANCE, AND DEMAND PARTNER SHALL HAVE NO CLAIM AGAINST FYBER FOR ANY SUPPLY PARTNER’S BREACH OF, ANY TERMS AND CONDITIONS OR ANTI- FRAUD RULES APPLICABLE TO A SUPPLY PARTNER. FYBER MAKES NO WARRANTY AND/OR ASSURANCES IN RESPECT OF USERS' RESPONSE TO THE ADS.

Service Disclaimer. FYBER PROVIDES THE SERVICES AND/OR ANY FYBER DASHBOARD AND/OR AD INVENTORY ADS “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL SKILL, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, FYBER DOES NOT WARRANT THAT DEMAND SUPPLY PARTNER’S USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS- FREE, NOR DOES FYBER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD. FURTHER, DEMAND SUPPLY PARTNER ACKNOWLEDGES THAT AD INVENTORY IS AD(S) ARE PROVIDED BY SUPPLY DEMAND PARTNERS AND THAT FYBER DOES NOT ENDORSE NOR MAKE ANY REPRESENTATION OR WARRANTY REGARDING WITH REGARD TO THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF ANY PROMISE, CLAIM OR STATEMENT CONTAINED IN ANY AD INVENTORYAD. FYBER IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY AD INVENTORYAD. DEMAND SUPPLY PARTNER ACKNOWLEDGES THAT IT HAS RECEIVED NO ASSURANCES FROM FYBER THAT IT WILL EARN ANY PARTICULAR AMOUNT OF MONEY BY USING THE SERVICE OR THAT IT WILL RECOUP ANY EXPENDITURE MADE IN FULFILLMENT OF ITS OBLIGATIONS UNDER THIS AGREEMENT. , OR THAT FYBER IS UNDER NO OBLIGATION TO MONITOR SUPPLY PARTNERS COMPLIANCE, AND DEMAND PARTNER SHALL HAVE NO CLAIM AGAINST FYBER FILL ANY PERCENTAGE OF AVAILABLE AD SPACE FOR ANY SUPPLY PARTNER’S BREACH OF, ANY TERMS AND CONDITIONS OR ANTI- FRAUD RULES APPLICABLE TO A SUPPLY PARTNER. FYBER MAKES NO WARRANTY AND/OR ASSURANCES IN RESPECT OF USERS' RESPONSE TO THE ADS.PROPERTY.‌

Service Disclaimer. FYBER PROVIDES THE SERVICES AND/OR ANY FYBER DASHBOARD AND/OR AD INVENTORY ADS “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL SKILL, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, FYBER DOES NOT WARRANT THAT DEMAND SUPPLY PARTNER’S USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS- FREE, NOR DOES FYBER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND/OR ANY FYBER DASHBOARD. FURTHER, DEMAND SUPPLY PARTNER ACKNOWLEDGES THAT AD INVENTORY IS AD(S) ARE PROVIDED BY SUPPLY DEMAND PARTNERS AND THAT FYBER DOES NOT ENDORSE NOR MAKE ANY REPRESENTATION OR WARRANTY REGARDING WITH REGARD TO THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF ANY PROMISE, CLAIM OR STATEMENT CONTAINED IN ANY AD INVENTORYAD. FYBER IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY AD INVENTORYAD. DEMAND SUPPLY PARTNER ACKNOWLEDGES THAT IT HAS RECEIVED NO ASSURANCES FROM FYBER THAT IT WILL EARN ANY PARTICULAR AMOUNT OF MONEY BY USING THE SERVICE OR THAT IT WILL RECOUP ANY EXPENDITURE MADE IN FULFILLMENT OF ITS OBLIGATIONS UNDER THIS AGREEMENT. , OR THAT FYBER IS UNDER NO OBLIGATION TO MONITOR SUPPLY PARTNERS COMPLIANCE, AND DEMAND PARTNER SHALL HAVE NO CLAIM AGAINST FYBER FILL ANY PERCENTAGE OF AVAILABLE AD SPACE FOR ANY SUPPLY PARTNER’S BREACH OF, ANY TERMS AND CONDITIONS OR ANTI- FRAUD RULES APPLICABLE TO A SUPPLY PARTNER. FYBER MAKES NO WARRANTY AND/OR ASSURANCES IN RESPECT OF USERS' RESPONSE TO THE ADSPROPERTY.