Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. YOU AGREE YOUR USE OF THE ONLINE & MOBILE BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE ONLINE & MOBILE BANKING SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE ONLINE & MOBILE BANKING SERVICES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warranties Disclaimer. YOU AGREE YOUR USE OF EXCEPT FOR THE ONLINE & MOBILE BANKING SERVICES EXPRESS WARRANTIES ABOVE, AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY LAW, WE MINDTICKLE AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. WE MAKE NO WARRANTY MINDTICKLE DOES NOT WARRANT THE ONLINE & MOBILE BANKING RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE MINDTICKLE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREEFREE OPERATION OF THE SUBSCRIPTION SERVICES OR THAT MINDTICKLE WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD-PARTY ACCESS. MINDTICKLE DISCLAIMS ALL FAILURES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLEDELAYS, AND (iv) ANY ERRORS OTHER PROBLEMS INHERENT IN THE ONLINE & MOBILE BANKING SERVICES USE OF THE INTERNET, TELECOMMUNICATIONS FACILITIES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN THE SUITABILITY OR COMPATIBILITY EVENT ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES SLA SHALL GOVERN WITH THOSE RESPECT TO THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSESPECIFIC DISCLAIMER.

Warranties Disclaimer. YOU AGREE YOUR USE MariaDB represents and warrants that it has the necessary experience, knowledge, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF THE ONLINE & MOBILE BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS WHICH ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. TO THE EXTENT ALLOWED BY LAWMARIADB EXPRESSLY DISCLAIMS, WE DISCLAIM AND CUSTOMER EXPRESSLY WAIVES, ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICESOTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGRELATED HERETO INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND NONINFRINGEMENTACCURACY OF INFORMATIONAL CONTENT. WE MAKE NO WARRANTY WITHOUT LIMITING THE ONLINE & MOBILE BANKING GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) OR WORK PRODUCT WILL BE UNINTERRUPTEDFREE FROM ERRORS, TIMELYDEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATA, SECUREDATABASES, OR ERROR-FREEFILES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE ONLINE & MOBILE BANKING SERVICES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWAREUTILITIES, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEAND OTHER SYSTEMS.

Warranties Disclaimer. YOU AGREE YOUR USE OF RELIAQUEST PROVIDES THE ONLINE & MOBILE BANKING SERVICES RELIAQUEST PLATFORM AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "ANY SOFTWARE PRODUCTS “AS IS" AND "AS AVAILABLE" BASIS” WITHOUT WARRANTIES OR INDEMNITIES OF ANY KIND. RELIAQUEST MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE RELIAQUEST PLATFORM AND ANY SOFTWARE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. ANY WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THIS AGREEMENT ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY RELIAQUEST OR ITS THIRD-PARTY SUPPLIERS OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE RELIAQUEST AND ITS THIRD-PARTY SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OF OR CONDITIONS INCLUDING ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE ONLINE & MOBILE BANKING SERVICES (i) WILL MEET YOUR REQUIREMENTSPURPOSE, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLETITLE, AND (iv) ANY ERRORS IN THE ONLINE & MOBILE BANKING SERVICES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTEDNON-INFRINGEMENT. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE OUTSIDE OF THIS AGREEMENT OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL AN ORDER WILL BE DEEMED TO CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF IN ANY WAY INCREASE THE EXPRESS WARRANTIES AND REMEDIES IN THIS AGREEMENT AGREEMENT. ANY EXPRESS WARRANTIES AND ANY WARRANTIES IMPLIED OR REQUIRED BY LAW THAT ARE NOT DISCLAIMED OR EXCLUDED ARE LIMITED TO THE REMEDIES SPECIFIED IN THIS AGREEMENT. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT RELIAQUEST DOES NOT GUARANTEE OR WARRANT THAT IT, OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS RELIAQUEST PLATFORM (OR WARRANTIES WHATSOEVERITS COMPONENTS) OR SOFTWARE PRODUCTS WILL FIND, EXPRESS LOCATE, OR IMPLIEDDISCOVER ANY OR ALL OF CUSTOMER’S OR ITS AFFILIATES’ SYSTEM THREATS, IN LAW OR IN FACTVULNERABILITIES, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWAREMALWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR AND MALICIOUS SOFTWARE, AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD RELIAQUEST RESPONSIBLE FOR FAILURE TO DETECT SUCH ITEMS. NO WARRANTY IS MADE THAT THE RELIAQUEST PLATFORM WILL MEET CUSTOMER’S NEEDS OR YOUR INTERNET SERVICE PROVIDER BE ERROR FREE OR ITS EQUIPMENTUNINTERRUPTED. RELIAQUEST MAKES NO WARRANTIES REGARDING THE ACCURACY OF GREYMATTER, ANY RELIAQUEST MATERIALS, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USEANY SECURITY TOOL CONTENT, OR AS TO WHETHER THE APPROPRIATENESS OF ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, SUCH ITEMS FOR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSESYSTEM.

Warranties Disclaimer. YOU AGREE YOUR USE OF THE ONLINE & MOBILE BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) AGILOFT TECHNOLOGY IS AT YOUR RISK AND IS PROVIDED ON AN "DELIVERED TO RESELLER “AS IS" AND "AS AVAILABLE" BASIS”. TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY LAW, WE AGILOFT AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICESKIND, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO THE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. WE MAKE NO WARRANTY AGILOFT DOES NOT WARRANT THE ONLINE & MOBILE BANKING SERVICES (i) RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE AGILOFT TECHNOLOGY OR THE RESULTS RESELLER OR END USER MAY OBTAIN BY USING THE AGILOFT TECHNOLOGY. AGILOFT DOES NOT WARRANT UNINTERRUPTED OR ERROR- FREE OPERATION OF THE AGILOFT TECHNOLOGY OR THAT AGILOFT WILL MEET YOUR REQUIREMENTS, (ii) CORRECT ALL ERRORS OR DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD-PARTY ACCESS. AGILOFT DOES NOT WARRANT THAT THE AGILOFT TECHNOLOGY WILL BE UNINTERRUPTEDCOMPATIBLE WITH ANY PARTICULAR PLATFORM. AGILOFT DISCLAIMS ALL FAILURES, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLEDELAYS, AND (iv) ANY ERRORS OTHER PROBLEMS INHERENT IN THE ONLINE & MOBILE BANKING SERVICES USE OF THE INTERNET. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND RESELLER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF THIS SECTION 9.2 OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES PART OF THIS AGREEMENT OR THE SERVICE SECTION 9.2 IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE PERFORMED PURSUANT HERETO. UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS AFFECTED SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY DAYS AFTER THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY EFFECTIVE DATE OF THE BANK'S SOFTWAREAGREEMENT, INTERNET DELIVERED SERVICE, EQUIPMENT AND NO WARRANTIES OR COMMUNICATION INTERFACES WITH THOSE CONDITIONS SHALL APPLY AFTER THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, PERIOD. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEMADE BY RESELLER REGARDING THE AGILOFT TECHNOLOGY OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE RESELLER’S SOLE RESPONSIBILITY.

Warranties Disclaimer. YOU AGREE YOUR USE OF EXCEPT AS EXPRESSLY PROVIDED IN THE ONLINE & MOBILE BANKING SERVICES SLA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWARDS IS PROVIDED “AS-IS” AND SUPPLIER EXPRESSLY DISCLAIMS ALL ANY AND ALL INFORMATION OTHER REPRESENTATIONS AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICESWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE ONLINE & MOBILE BANKING SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE ONLINE & MOBILE BANKING SERVICES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT(X) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INFRINGEMENT, AND/OR DATA ACCURACY OR USE OF AWARDS, SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION GIVEN OR ASSUMED BY SUPPLIER OR ITS AGENTS (DEFINED BELOW), AND (Y) ALL WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS, UNDERTAKINGS, AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED. SUPPLIER DOES NOT WARRANT THAT AWARDS OR ANY OTHER SERVICES PROVIDED BY SUPPLIER WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF AWARDS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. AWARDS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND SUPPLIER EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS.

Warranties Disclaimer. YOU AGREE YOUR USE THE NODE MGR WILL PROVIDE THIS SERVICE ON A BEST-EFFORT BASIS WITH NO EXPLICIT OR IMPLICIT GUARANTEES OF THE ONLINE & MOBILE BANKING SERVICES SWITCH AVAILABILITY OR PERFORMANCE. NODE MGR EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL INFORMATION PROMISES, REPRESENTATIONS, AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE EXTENT ALLOWED BY LAWSUBJECT OF THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYANY MATERIAL, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE ONLINE & MOBILE BANKING SERVICES (i) WILL MEET YOUR REQUIREMENTSSERVICES, (ii) WILL BE UNINTERRUPTEDAND/OR PRODUCTS, TIMELYTANGIBLE OR INTANGIBLE, SECUREFURNISHED HEREUNDER, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ONLINE & MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLEANY COMPONENT THEREOF, AND (iv) ANY ERRORS IN THE ONLINE & MOBILE BANKING SERVICES OR TECHNOLOGY RELATED TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE ONLINE & MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE THEREFOR, IN NO EVENT WILL NODE MGR BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, EVEN IF NODE MGR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.