Subscriber Acknowledgements a. Subscriber acknowledges that it has the responsibility to obtain data feeds which provide delayed or real-time data on securities transactions ("Data Feeds"). Subscriber may elect to receive Data Feeds through Licensor by entering into a separate agreement and paying Licensor the then-current and applicable amounts for such Data Feeds. From time to time, Licensor or Third Party Providers may be unable to include, with any Data, information with respect to certain companies with which they or Licensor, or their or Licensor's respective affiliates, have certain business relationships. Data recovery is available through Licensor's web site only to allow Subscriber to replace lost Data so long as all Fees are paid.
Subscriber Acknowledgements. Other than as stated in this Agreement, Subscriber expressly acknowledges, agrees, and understands that: (i) Upwork is not a party to the dealings between Subscriber and Freelancer, including the substantive terms of posts, the selection of a Freelancer, the decision to contract with a Freelancer, and the performance or receipt of Freelancer Services or provisioning of Freelancer Work Product; (ii) Upwork does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (iii) Upwork makes no representations as to the quality, security, or legality of any Freelancer Services or Freelancer Work Product, and Upwork disclaims any and all liability relating thereto; (iv) Upwork merely makes the Platform available to enable Freelancers to identify and determine the suitability of clients at Freelancers’ discretion and to enable clients, such as Subscriber, to identify and determine the suitability of Freelancers at Subscriber’s discretion; (v) Upwork does not set Freelancer’s work hours, work schedules, or location of work, nor is Upwork involved in determining if the Freelancer fees will be set at an hourly or fixed rate, or what those rates will be; (vi) Upwork will not provide Freelancer with training or any equipment, tools, labor, or materials needed to complete their work; (vii) Upwork does not provide the premises at which the Freelancer will perform the work; (viii) if there is a dispute between Subscriber and Freelancer, that dispute is solely between Subscriber and the Freelancer and Upwork will not be responsible or liable with respect to such dispute except for the dispute assistance described in Section 2.2.5 (Work Protection Program); (ix) Upwork is not an employer of or joint employer or integrated or single enterprise with any independent contractor Freelancer or Subscriber; and (x) unless otherwise agreed as part of the relevant Engagement, independent contractor Freelancers may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Freelancer Services. Upwork makes no representations about and does not guarantee the truth or accuracy of Freelancer’s listings on the Platform; the ability of Freelancers to deliver the Freelancer Services; or that Subscriber or Freelancer can or will actually complete a transaction.
Subscriber Acknowledgements. Subscriber understands and acknowledges the following:
Subscriber Acknowledgements. The Subscriber acknowledges that the Shares have not been registered under the Securities Act or under any state or foreign securities laws. The Subscriber (i) acknowledges that it is acquiring the Shares pursuant to an exemption from registration under the Securities Act solely for investment with no present intention to distribute any of the Shares to any person in violation of applicable securities Laws, (ii) will not Dispose of any of the Shares, except in compliance with the registration requirements or exemption provisions of the Securities Act and any other applicable securities Laws, (iii) does not presently have any agreement, plan or understanding, directly or indirectly, with any Person to distribute or effect any distribution of any of the Shares (or any securities which are derivatives thereof) to or through any Person, (iv) is not a registered broker-dealer under Section 15 of the Exchange Act or an entity engaged in a business that would require it to be so registered as a broker-dealer and (v) is not purchasing the Shares as a result of any advertisement, article, notice or other communication regarding Shares published in any newspaper, magazine or similar media or broadcast over television or radio or presented at any seminar or any other general advertisement.
Subscriber Acknowledgements. Subscriber acknowledges that the Services, and their respective structures, organization, documentation, software and source code, constitute GRS’ valuable intellectual property owned solely by GRS. GRS does not grant, and Subscriber acknowledges that it has no right to, license or interest in, any patents, copyrights, trademarks, or trade secrets owned, used or claimed now or in the future by GRS. No title to or ownership of the intellectual property contained in (a) the Services, the software or any part of the Services or the software, (b) any enhancements, updates, modifications, local versions or any derivatives of the Services or the software, (c) any and all intellectual property and proprietary rights therein, or (d) GRS’ confidential information is transferred to Subscriber. “GRS” and other GRS graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. GRS’ trademarks and trade dress, as well as third-party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without GRS’ prior written permission. Subscriber fully understands and acknowledges that: (a) the Services are intended to deliver non-critical, non-emergency messages between users; (b) the Services are dependent upon a number of factors outside GRS’ control, including but not limited to the operation of third-party provided hardware, network and hosting services; (c) the Services are not a substitute for any of Subscriber’s current systems of administering and safeguarding medical treatment and/or medicine; (d) there may be occasional communication failures or delays in delivering or receiving properly sent GRS messages; (e) the Services are not expected to perform at the same level of performance and/or reliability one might expect from medical devices used in delivering critical medical care environments; and (f) Subscriber is solely responsible for providing to GRS accurate information regarding Subscriber’s account or the delivery of the Services, including, without limitation, user information, changes in personnel, phone number changes and email address changes. SERVICES UPDATES By using the Services, Subscriber grants GRS permission to send to Subscriber’s end users messages regarding the Services, its features, servic...
Subscriber Acknowledgements. The Subscriber acknowledges that the Services provided are of such a nature that the Services can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of the Services are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for the Services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
Subscriber Acknowledgements. Subscriber acknowledges and agrees that Tricore shall not be liable for any delays, loss or damage including loss of data or compromised data security. Subscriber also acknowledges that the Application Services have not been designed and are not effective as a security system or to provide security or emergency response for person (including remote medical monitoring) or property, including driver/passengers, vehicle and its contents, whether alone or in conjunction with any other security or emergency system (e.g. a vehicle security/alarm system), and any use of the features or functionality of the Application Services for such purpose is unauthorized and at Subscriber’s sole risk and liability. Subscriber agrees, and agrees to communicate to its customers, that the Hardware and Application Services are not intended for use (a) in safety-critical or military applications (such as life support) where a failure of the Hardware or Application Service would reasonably be expected to cause personal injury or death, or (b) in a vehicle along with any other OBD II device. Subscriber understands that certain GPS and/or starter disablement technology may not now, or in the future, be permitted by law in certain states. Subscriber bears exclusive responsibility for verifying that the Hardware and/or Application Services may be used in any particular installation or location.
Subscriber Acknowledgements. Subscriber acknowledges that the Services, and their respective structures, organization, documentation, software and source code, constitute Secure Text App’s valuable intellectual property owned solely by Secure Text App. Secure Text App does not grant, and Subscriber acknowledges that it has no right, license or interest in, any patents, copyrights, trademarks, or trade secrets owned, used or claimed now or in the future by Secure Text App. No title to or ownership of the intellectual property contained in (a) the Services, the software or any part of the Services or the software, (b) any enhancements, updates, modifications, local versions or any derivatives of the Services or the software, (c) any and all intellectual property and proprietary rights therein, or (d) Secure Text App’s confidential information is transferred to Subscriber. “Secure Text App” and other Secure Text App graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Secure Text App’s trademarks and trade dress, as well as third-party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Secure Text App’s prior written permission. Subscriber fully understands and acknowledges that: (a) the Services are intended to deliver non-critical, non-emergency messages between users; (b) the Services are dependent upon a number of factors outside Secure Text App’s control, including but not limited to the operation of third-party provided hardware and network services; (c) the Services are not a substitute for any of Subscriber’s current systems of administering and safeguarding medical treatment and/or medicine;
Subscriber Acknowledgements. Subscriber acknowledges that (i) Subscriber Data collected by the Hardware while access to the Data Network is not available or when outside a reporting interval will not be transmitted or retrievable by Subscriber until access is restored or reporting next occurs; (ii) Subscriber Data collected by the Application Services will be stored pursuant to the CalAmp customer data retention policy as published and periodically updated at: xxxx://xxx.xxxxxx.xxx/references/docs/data_retention.pdf, and thereafter may be archived or purged and destroyed in CalAmp’s sole discretion; (iii) Subscriber assumes the entire risk in downloading or otherwise accessing any data, information, files or other materials obtained from the CalAmp’s business support network or any Application Services; (iv) it is technically possible for third parties to monitor Data Network transmissions over the air and CalAmp is not responsible for the security of such transmissions; (v) the Application Services, which provide location or directional information are to be used only as an aid in planning and CalAmp is not responsible for the accuracy thereof; and (vi) due to the factors described in this Section 4.3 and elsewhere in this Agreement, Subscriber Data transmission through Hardware is not instantaneous and delays in receipt of data are normal. Subscriber further agrees that CalAmp shall not be liable for any resulting delays, loss or damage including loss of data or compromised data security. Subscriber also acknowledges that the Hardware and Application Services have not been designed and are not effective as a security system or to provide security or emergency response for person (including remote medical monitoring) or property, including driver/passengers, Vehicle and its contents, whether alone or in conjunction with any other security or emergency system (e.g. a Vehicle security/alarm system), and any use of the Hardware or the features or functionality of the Application Services for such purpose is unauthorized and at Subscriber’s sole risk and liability. Subscriber shall communicate to each of its Authorized End Users that the Hardware and Application Services are not intended to provide access to emergency personnel or services and that Authorized End Users must contact law enforcement agencies or emergency services personnel directly through means other than the Hardware. CalAmp accepts no responsibility or liability for use of the Application Services in emergency situation...
