Warranties, Liabilities and Disclaimers Sample Clauses

Warranties, Liabilities and Disclaimers. 12.1. Customer undertakes not to make use of the Skrill Service for or in connection with goods and services as described in section 9 of this Agreement or any illegal purpose or criminal activity of any nature (e.g. fraud, money laundering, child pornography) and undertakes not commit any other breach of these Terms of Use. Skrill will report any suspicious account activity to the appropriate law enforcement authority without providing notice to Customer. Skrill reserves the right to apply at its sole discretion prevention and detection procedures and suspend and freeze accounts or refuse the execution of transactions if there are reasonable grounds to suspect that an account is being or may be used in connection with any of the foregoing or if governmental authorities require so. Without prejudice of any other Section herein, Skrill may, at its sole discretion, assert reasonable handling expenses the Skrill incurs by a Customer’s misuse of the Service and/or breach of these Terms of Use against Customer. 12.2. CUSTOMER REPRESENTS AND WARRANTS TO SKRILL THAT CUSTOMER IS OPENING A SKRILL ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING SUCH ACCOUNT VIOLATES NO FEDERAL OR STATE LAWS OR REGULATIONS APPLICABLE TO CUSTOMER OR CUSTOMER’S USE OF THE SERVICE. Customer warrants that he/she is not violating any law or regulation by his/her use of Skrill Payment Service, and Customer indemnifies Skrill for any and all losses or damages that might arise from Customer’s use of the Service. 12.3. Skrill shall make reasonable efforts to ensure that all requested payments transactions and related funding transactions are processed in a timely manner. However, a number of factors, several of which are outside of Xxxxxx's control such as processing time in the banking system or the mail service, will contribute to when the funds are received and payments processed. Skrill makes no representations regarding the amount of time needed to complete processing of a requested payment transaction, and Xxxxxx shall not be liable to Customer or any other person for any actual or consequential damages arising from any claim of delay. Furthermore, Skrill makes no representations or warranties as to continuous, uninterrupted or secure access to the Skrill Payment Service, which may be affected by factors outside of Skrill control, or may be subject to periodic testing, repair, upgrade or maintenance. 12.4. Except for liability that may be imposed under applicable consumer pr...
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Warranties, Liabilities and Disclaimers. 13-1- The Cardholder understands, undertakes and accepts that it is strictly forbidden to make use of the Card service in order to pay for illegal material as well as illegal downloads or any other goods and services infringing intellectual property rights of a third party and/or any illegal purpose or criminal activity of any nature including activities to launder money or to finance terrorism as defined by governing law of the State of Qatar. The Cardholder acknowledges that worldwide Visa will report any suspicious account activity to the relevant law enforcement authority. 13-2- The Bank reserves the right to apply at its sole discretion prevention and detection procedures and suspend accounts or refuse the execution of Transactions if there are reasonable grounds to suspect that the Card is being or may be used for illegal purposes. The Bank shall also have the right, but not the obligation, to temporary block the Card’s if the Bank does not receive a response within a reasonable time regarding SMSs followed by telephone calls to the Cardholder to confirm specific transaction(s), the Bank shall then have the right to temporary block the Card which will immediately be reactivated on the Cardholder’s request.
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Warranties, Liabilities and Disclaimers. 14.1. The Cardholder understands, undertakes and accepts that it is strictly forbidden to use the Card for any illegal purpose or criminal activity of any nature including activities to launder money or to finance terrorism as defined by governing law of the State of Qatar. The Cardholder acknowledges that worldwide Visa will report any suspicious account activity to the relevant law enforcement authority. 14.2. The Bank reserves the right to apply at its sole discretion prevention and detection procedures and suspend accounts or refuse the execution of Transactions if there are reasonable grounds to suspect that an Account of the Card is being or may be used for illegal purposes. The Bank shall also have the right, but not the obligation, to temporary block the Card’s if the Bank does not receive a response within a reasonable time regarding SMSs followed by telephone calls to the Cardholder to confirm specific transaction(s), the Bank shall then have the right to temporary block the Card which will immediately be reactivated on the Cardholder’s request. 14.3. The Cardholder agrees that the Bank shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by any act relating to or arising from Agreement unless the same is a direct result of the Bank’s gross negligence. 14.4. The Cardholder agrees to release, indemnify, and hold the Bank harmless against any claim brought against the Bank by a third party resulting from the Cardholder’s use of the Card without prejudice to any other damages entitled to the Bank.
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Warranties, Liabilities and Disclaimers. 26.1 The Customer understands, undertakes and warrants to the Bank that the Cardholders shall not use the Card in order to pay for any illegal goods or material or downloads or any other goods and services infringing intellectual property rights of any third party and/or for illegal purpose or in any criminal activity of any nature including activities to launder money or to finance terrorism. The Customer warrants and represents to the Bank that the Cardholders shall not use the Cards for trading in crypto/digital currency. The Customer undertakes and warrants and represents to the Bank that the Customer and/or the Cardholder shall report any suspicious account activity to the relevant law enforcement authority. 26.2 The Bank shall have the right to apply at its sole discretion prevention and detection procedures and suspend the Customer’s account(s) or refuse the execution of any Transactions if the suspects that the Account or the Card is or may be used for illegal purposes. The Bank shall have the right, but not the obligation, to temporary block the Card. Upon temporarily blocking any Card the Bank shall inform the Customer via SMS and may require any information as the Bank may deem fits. If the Bank does not receive a satisfactory response within a reasonable time after the SMS or any telephone call the Bank shall have the right to permanently block immediately deactivated the Card. 26.3 The Customer agrees that the Bank shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by any act relating to or arising from this Agreement unless the same is a direct result of the Bank's gross negligence or willful mission. ﺔــﻗﺎﻄﺒﻟا هﺬــﻫ ماﺪﺨﺘــﺳﺎﺑ ﺎــﻬﺑ مﺎــﻴﻘﻟاو ﺎــﻬﺋاﺮﺟإ ﰎ ﻲــﺘﻟا تﻼــﻣﺎﻌﳌا وأ ﺔــﻗﺎﻄﺒﻟا ﻦــﻋ تﺎــﻣﻮﻠﻌﻣ ءﺎــﺸﻓإ فﺮــﺼﻤﻠﻟ ﻦــﻜﳝ .١.٢٢ :ﺮﺼﳊا ﻻ لﺎﺜﳌا ﻞﻴﺒﺳ ﻰﻠﻋ ﻦﻤﻀﺘﺗ ﻲﺘﻟاو تﻻﺎﺣ ﰲ ﺮﺧأ فﺮﻄﻟ ﻪــﺗﺎﻗﺎﻄﺑ ﻲــﻠﻣﺎﺣ ﻦــﻣ يأ وأ ﻞــﻴﻤﻌﻟﺎﺑ ﻖــﺤﻠﺗ ﺪــﻗ ﻲــﺘﻟا راﺮــﺿﻷا وأ ﺮﺋﺎــﺴﳋا ﻦــﻋ ًﻻوﺆــﺴﻣ نﺎــﻳﺮﻟا فﺮــﺼﻣ ﺪــﻌﻳ ﻻ .١.٢٣ ﻦـــﻣ ﺪــﻤﻌﺘﻣ فﺮــﺼﺗ ءﻮــﺳ وأ ﻢﻴــﺴﳉا لﺎــﻤﻫﻹا ﻦــﻋ ﺔــﻤﺟﺎﻧ راﺮــﺿﻷا وأ ﺮﺋﺎــﺴﳋا ﻚــﻠﺗ نأ ﻖــﻴﻘﺤﺘﻟا ﺖــﺒﺜﻳ ﻢــﻟﺎﻣ .نﺎﻳﺮﻟا فﺮﺼﻣ .بﺎﺒﺳﻷا ﻦﻣ ﻲــﻟﻵا ﺐــﺳﺎﳊا قﺎــﻔﺧإ وأ تﺎــﻧﺎﻀﻴﻔﻟا وأ ﻖــﺋاﺮﳊا ﻞــﺜﻣ) نﺎــﻳﺮﻟا فﺮــﺼﻣ ةﺮﻄﻴــﺳ جرﺎــﺧ فوﺮــﻇ stﺎــﻨﻫ نﺎﻛ اذإ .٧.١.٢٣ .ﺔﻠﻣﺎﻌﳌا مﺎﲤإ ﻞﻗﺮﻌﺗو ﻊﻨﲤ (تﻻﺎﺼﺗﻻا وأ ﻞﻜــﺸُﻳ نأ ﻪﻧﺄــﺷ ﻦــﻣ فوﺮــﻈﻟا هﺬــﻫ ﻞــﺜﻣ ﰲ ﺔــﻗﺎﻄﺒﻟا وأ ماﺪﺨﺘــﺳﻻا وأ ﺔــ...
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Warranties, Liabilities and Disclaimers 
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Related to Warranties, Liabilities and Disclaimers

  • Warranties and Disclaimers (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  • Warranties and Disclaimer a. Densify warrants that it has the right to license the Densify Subscription Offering and the Local Component to Customer. Densify warrants that during the Subscription Term, Customer’s production instances of the Densify Subscription Offering shall materially conform to the subscription descriptions and the Documentation therefor, provided that Customer’s exclusive remedy and Xxxxxxx’s sole obligation with respect to any breach of this warranty is for Densify to provide Technical Support to correct or provide a workaround to any nonconformity identified by Customer, provided that Customer has specified in writing for each such nonconformity how the Densify Subscription Offering failed to conform to the subscription descriptions and the Documentation. b. OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 9.a, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENSIFY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, CONCERNING OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PERFORMANCE, RESULTS, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DENSIFY DOES NOT WARRANT THAT THE DENSIFY SUBSCRIPTION OFFERING, LOCAL COMPONENT, DENSIFY TECHNOLOGY OR DOCUMENTATION WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED ON ANY PROMISE, WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.

  • Representations Warranties and Disclaimers I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.

  • Responsibilities of the Parties; Indemnification; Warranties and Disclaimers a. The Trust agrees that it shall be solely responsible for any decision made or action taken in reliance on the compliance testing results, reports, forms or other data or information included in the Money Market Services provided by the Administrator. b. The Parties acknowledge that the Administrator is required to rely upon data provided by the Trust or third parties (“Data”) in providing the Money Market Services. The Administrator does not own the Data, has not developed the Data, does not control the Data, and has not, and will not make any inquiry into the accuracy of any Data. Without limiting the foregoing, to the extent applicable, the Administrator will not be liable for any delays in the transmission of Forms N-MFP, Forms N-CR, reports, market-based NAVs, shareholder inflows/outflows, daily and weekly liquid assets, affiliate sponsor support flows, portfolio holdings or transmission of Data or inaccuracies of, errors in or omission of, Data in connection with the provision of the Money Market Services in each case provided by the Trust or any other third party. c. To the extent applicable, the Trust represents and warrants to the Administrator that it has the necessary licenses from each nationally recognized statistical ratings organization whose ratings are set forth in its Forms N-MFP as contemplated hereby. d. To the extent applicable, the Trust is solely responsible for determining and immediately notifying in writing the Administrator of the occurrence of one or more triggering events causing a filing on Form N-CR. The Trust is solely responsible for accurately and timely supplying the Administrator, or causing third parties to accurately and timely supply the Administrator, with all data, information and signatures in respect of each Trust that is required in order for the Administrator to file each Form N-CR, whether or not such information is specifically requested by the Administrator. The Administrator shall be without liability if the Administrator has not received by the submission deadline communicated by the Administrator to the Trust all of the Data, information and signatures it requires to submit such Form N-CR filing. e. To the extent applicable, the Trust acknowledges that it shall be the Trust’s responsibility to retain for the periods prescribed by Rule 2a-7 (i) the compliance testing results and reports produced by the Administrator; (ii) its Forms N-MFP and Forms N-CR produced by the Administrator; and (iii) information prepared by the Administrator for posting on the Trust’s website. f. The Trust acknowledges and agrees that the Money Market Services do not constitute advice or recommendations of any kind and the Administrator is not acting in a fiduciary capacity in providing the Money Market Services. g. The Trust understands that the nature of the Money Market Services provided under this Agreement are distinct from the services provided under any other agreement between State Street Bank and Trust Company and the Trust, including any custody, fund accounting or transfer agency services agreements and, consequently, the terms of this Agreement rather than such other agreements shall govern the delivery of the Money Market Services. For the avoidance of doubt, the standard of care and liability provisions of Section XII of this Agreement shall govern the provision of the Money Market Services.

  • Warranty and Disclaimers Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with the standards of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiency. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by others.

  • Indemnification/Warranty and Disclaimer/Limitation of Liability Taxpayer shall defend, indemnify, and hold GO-Biz and the FTB, its agents or assigns, harmless from and against all claims, damages, and liabilities (including reasonable attorneys’ fees) arising from this Agreement due to Taxpayer’s breach of this Agreement, or the result of Taxpayer’s negligence or willful misconduct. EXCEPT AS PROVIDED FOR UNDER SECTION 14, UNDER NO CIRCUMSTANCES WILL THE STATE OF CALIFORNIA, GO-BIZ, ITS AGENTS OR EMPLOYEES, THE COMMITTEE MEMBERS, THE FTB OR ANYONE ELSE INVOLVED IN THIS AGREEMENT BE LIABLE TO TAXPAYER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM THIS AGREEMENT.

  • Representations Warranties Exclusive Remedies and Disclaimers Mutual Indemnification

  • Limited Warranty and Disclaimer a. Except with respect to Trial / Demo Version, Non-commercial Lite Version and Not For Resale Version of the Software, PremiumSoft warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use. The Software is provided "as is". PremiumSoft makes no warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever. b. PremiumSoft provides no remedies or warranties, whether express or implied, for Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software. Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software are provided "as is". c. Except as set Forth in the foregoing limited warranty with respect to software other than Trial/ Demo version, Non-commercial Lite version and Not for Resale version, PremiumSoft and its suppliers disclaim all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. PremiumSoft does not warrant that the Software is error-free or will operate without interruption. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. PremiumSoft specifically disclaims any express or implied warranty of fitness for such purposes. d. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to thirty (30) days from the date of delivery. e. No oral or written information or advice given by PremiumSoft, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.

  • Warranty and Disclaimer Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • Survival of Warranties and Indemnifications All warranties and indemnifications will survive the termination of this Agreement.

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