Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDTICKLE AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MINDTICKLE DOES NOT WARRANT THE RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE MINDTICKLE SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE 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, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS FACILITIES OR EQUIPMENT, OR NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN THE EVENT ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS OF THE SLA SHALL GOVERN WITH RESPECT TO THAT SPECIFIC DISCLAIMER.

Warranties Disclaimer. EXCEPT FOR YOU AGREE YOUR USE OF THE EXPRESS WARRANTIES ABOVE, 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 MAXIMUM EXTENT PERMITTED ALLOWED BY LAW, MINDTICKLE AND ITS THIRD-PARTY PROVIDERS WE DISCLAIM ALL EXPRESSWARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE & MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE ONLINE & MOBILE BANKING SERVICES (i) WILL MEET YOUR REQUIREMENTS, TITLE AND NON-INFRINGEMENT. MINDTICKLE DOES NOT WARRANT THE RELIABILITY(ii) WILL BE UNINTERRUPTED, TIMELINESSTIMELY, SUITABILITYSECURE, OR ACCURACY OF THE MINDTICKLE SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF FREE, (iii) THE SUBSCRIPTION 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 MINDTICKLE WILL CORRECT ALL DEFECTS NO ORAL OR PREVENT THIRD PARTY DISRUPTIONS WRITTEN ADVICE OR UNAUTHORIZED THIRD-PARTY ACCESSREPRESENTATION 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. MINDTICKLE DISCLAIMS ALL FAILURESTHE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DELAYSEXPRESS OR IMPLIED, AND IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PROBLEMS INHERENT PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE USE OF THE INTERNETONLINE & MOBILE BANKING SERVICES, TELECOMMUNICATIONS FACILITIES 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 NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN AS TO THE EVENT ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS SUITABILITY OR COMPATIBILITY OF THE SLA SHALL GOVERN BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH RESPECT THOSE THAT YOU USE, OR AS TO THAT SPECIFIC DISCLAIMERWHETHER 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. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AND ALL AGILOFT TECHNOLOGY IS DELIVERED TO RESELLER “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDTICKLE AGILOFT AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT. MINDTICKLE AGILOFT DOES NOT WARRANT THE RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE MINDTICKLE SERVICES AGILOFT TECHNOLOGY OR THE RESULTS CUSTOMER RESELLER OR END USER MAY OBTAIN BY USING THE MINDTICKLE SERVICESAGILOFT TECHNOLOGY. MINDTICKLE AGILOFT DOES NOT WARRANT UNINTERRUPTED OR ERROR-ERROR- FREE OPERATION OF THE SUBSCRIPTION SERVICES AGILOFT TECHNOLOGY OR THAT MINDTICKLE AGILOFT WILL CORRECT ALL ERRORS OR DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD-PARTY ACCESS. MINDTICKLE AGILOFT DOES NOT WARRANT THAT THE AGILOFT TECHNOLOGY WILL BE COMPATIBLE WITH ANY PARTICULAR PLATFORM. AGILOFT DISCLAIMS ALL FAILURES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, TELECOMMUNICATIONS FACILITIES OR EQUIPMENT, OR NETWORKS AND RESELLER MAY HAVE OTHER RIGHTS THAT ARE NOT CONTROLLED BY MINDTICKLEVARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT ANY DISCLAIMER IN IF THIS SECTION CONFLICTS WITH 9.2 OR ANY PART OF THIS SECTION 9.2 IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS AFFECTED SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY DAYS AFTER THE SLA, THE TERMS EFFECTIVE DATE OF THE SLA AGREEMENT, AND NO WARRANTIES OR CONDITIONS SHALL GOVERN WITH RESPECT TO APPLY AFTER THAT SPECIFIC DISCLAIMERPERIOD. ANY WARRANTY MADE BY RESELLER REGARDING THE AGILOFT TECHNOLOGY OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE RESELLER’S SOLE RESPONSIBILITY.

Warranties Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED IN THE EXPRESS WARRANTIES ABOVESLA, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDTICKLE AWARDS IS PROVIDED “AS-IS” AND ITS THIRD-PARTY PROVIDERS DISCLAIM SUPPLIER EXPRESSLY DISCLAIMS ALL ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, (X) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND 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. MINDTICKLE SUPPLIER DOES NOT WARRANT THAT AWARDS OR ANY OTHER SERVICES PROVIDED BY SUPPLIER WILL MEET CLIENT’S REQUIREMENTS OR THAT THE RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OPERATION OF THE MINDTICKLE SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT AWARDS WILL BE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUBSCRIPTION SERVICES FREE, OR THAT MINDTICKLE ALL ERRORS WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD-PARTY ACCESSBE CORRECTED. MINDTICKLE DISCLAIMS ALL FAILURESAWARDS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNETINTERNET AND ELECTRONIC COMMUNICATIONS AND SUPPLIER EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, TELECOMMUNICATIONS FACILITIES OR EQUIPMENTDELIVERY FAILURES, OR NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN THE EVENT OTHER DAMAGE RESULTING FROM ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS OF THE SLA SHALL GOVERN WITH RESPECT TO THAT SPECIFIC DISCLAIMERSUCH PROBLEMS.

Warranties Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVENODE MGR WILL PROVIDE THIS SERVICE ON A BEST-EFFORT BASIS WITH NO EXPLICIT OR IMPLICIT GUARANTEES OF SWITCH AVAILABILITY OR PERFORMANCE. NODE MGR EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAWWARRANTIES, MINDTICKLE AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESOTHERWISE, WITH RESPECT TO THE SUBJECT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES MATERIAL, SERVICES, AND/OR PRODUCTS, TANGIBLE OR INTANGIBLE, FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THE EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE THEREFOR, TITLE AND NON-INFRINGEMENT. MINDTICKLE DOES NOT WARRANT THE RELIABILITYIN NO EVENT WILL NODE MGR BE LIABLE FOR INDIRECT, TIMELINESSINCIDENTAL, SUITABILITYCONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ACCURACY 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 MINDTICKLE SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION POSSIBILTY 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, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS FACILITIES OR EQUIPMENT, OR NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN THE EVENT ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS OF THE SLA SHALL GOVERN WITH RESPECT TO THAT SPECIFIC DISCLAIMERSUCH DAMAGES.