Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Warranty Disclaimers. YOU HEREIN i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL CONDITIONS, WARRANTIES AND AGREE THAT: a) REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDELIVERABLES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLENON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESWITH RESPECT TO HAZARDOUS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OFFICERSHONEYWELL MAKES NO REPRESENTATION, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY OR GUARANTEE THAT (iA) NEW ENGLAND ECO WASH SERVICES THE DELIVERABLES WILL MEET BUYER’S OR END USER’S REQUIREMENTS, FUNCTIONAL NEEDS; (B) THAT ANY SPECIFIC RESULT OR OUTCOME WILL BE PROVIDED BY ANY PRODUCT OR SERVICE PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT; (C) ANY DELIVERABLE WILL PREVENT, MITIGATE OR PROVIDE ADEQUATE WARNING OF OR PROTECTION AGAINST ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, DATA LOSS, BUSINESS INTERRUPTION, OR OTHER DAMAGE; OR (D) THAT THE OPERATION OF ANY SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR-FREE. ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE PRODUCTS, DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE RISK OF THE SAME. BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 14 HEREIN. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND STORAGE CAPACITORS), AND SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED SOFTWARE, WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS PURCHASED FROM HONEYWELL HEREUNDER (TO THE EXTENT SPECIFIED IN THE DOCUMENTATION). iv. HONEYWELL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CYBERATTACK; (iiiB) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; INTERNET, (ivC) QUALITY OF ANY PRODUCTSDATA, SOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND USER’S NEGLIGENCE, (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: aF) THE USE FAILURE OF BUYER OR INABILITY ANY USER TO USE OUR SERVICE. bFOLLOW PUBLISHED DOCUMENTATION; (G) THE COST MODIFICATIONS OR ALTERATIONS OF PROCURING SUBSTITUTE GOODS AND SERVICES. cPRODUCTS NOT MADE BY HONEYWELL; (H) LOSS OR CORRUPTION OF DATA; (I) UNAUTHORIZED ACCESS VIA BUYER’S CREDENTIALS; OR (J) BUYER’S OR END USER’S FAILURE TO USE COMMERCIALLY REASONABLE ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT ITS SYSTEMS OR THE ALTERATION OF YOUR TRANSMISSIONSAND/DATA OR DATAFOLLOW INDUSTRY-STANDARD SECURITY PRACTICES. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 2 contracts

Samples: Projects and Services Agreement, Projects and Services Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH BUNGEE BLISS FITNESS STUDIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH BG LINGUA SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH BG LINGUA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH BG LINGUA AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH BG LINGUA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES BG LINGUA SERVIES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH BG LINGUA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH BG LINGUA SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH BG LINGUA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPLIEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH BG LINGUA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL CONDITIONS, WARRANTIES AND AGREE THAT: a) REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDELIVERABLES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLENON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESWITH RESPECT TO HAZARDOUS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OFFICERSHONEYWELL MAKES NO REPRESENTATION, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY OR GUARANTEE THAT (iA) NEW ENGLAND ECO WASH SERVICES THE DELIVERABLES WILL MEET BUYER’S OR END USER’S REQUIREMENTS, FUNCTIONAL NEEDS; (B) THAT ANY SPECIFIC RESULT OR OUTCOME WILL BE PROVIDED BY ANY PRODUCT OR SERVICE PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT; (C) ANY DELIVERABLE WILL PREVENT, MITIGATE OR PROVIDE ADEQUATE WARNING OF OR PROTECTION AGAINST ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, DATA LOSS, BUSINESS INTERRUPTION, OR OTHER DAMAGE; OR (D) THAT THE OPERATION OF ANY SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR-FREE. ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE PRODUCTS, DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE RISK OF THE SAME. BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 18 HEREIN. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND STORAGE CAPACITORS), AND SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED SOFTWARE, WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS PURCHASED FROM HONEYWELL HEREUNDER (TO THE EXTENT SPECIFIED IN THE DOCUMENTATION). iv. HONEYWELL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CYBERATTACK; (iiiB) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; INTERNET, (ivC) QUALITY OF ANY PRODUCTSDATA, SOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY INFORMATION USER’S NEGLIGENCE, (F) THE FAILURE OF BUYER OR OTHER MATERIAL WHICH MAY BE PURCHASED ANY USER TO FOLLOW PUBLISHED DOCUMENTATION; (G) MODIFICATIONS OR OBTAINED ALTERATIONS OF PRODUCTS NOT MADE BY YOU THROUGH OUR SERVICES HONEYWELL; (H) LOSS OR SOFTWARE WILL MEET YOUR EXPECTATIONSCORRUPTION OF DATA; (I) UNAUTHORISED ACCESS VIA BUYER’S CREDENTIALS; OR (J) BUYER’S OR END USER’S FAILURE TO USE COMMERCIALLY REASONABLE ADMINISTRATIVE, PHYSICAL AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDTECHNICAL SAFEGUARDS TO PROTECT ITS SYSTEMS OR DATA OR FOLLOW INDUSTRY-STANDARD SECURITY PRACTICES. v. Notwithstanding any of the foregoing provisions of this Section, to the extent that Honeywell supplies Products in New Zealand to a “consumer” as defined in the New Zealand Consumer Law as set out in the Fair Trading Act 1986, Honeywell will comply with any applicable consumer guarantees and the following statements will apply: “Our goods and services come with guarantees that cannot be excluded under the New Zealand Consumer Law. For major failures with the service, you are entitled: • to cancel your service contract with us; and • to a refund for the unused portion, or to compensation for its reduced value. Honeywell’s liability for failure to comply with a guarantee (other than a guarantee under the Consumer Guarantees Act 1993) is limited, at Honeywell’s option, to one or more of the following: 1. In respect of goods: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALthe payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS2. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROMIn respect of services: (a) THE USE OR INABILITY TO USE OUR SERVICE.the supplying of the services again; or (b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICESthe payment of the cost of having the services supplied again. unless the consumer establishes that it is not fair or reasonable for Honeywell to limit its liability as above. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Projects and Services Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE PRODUCTS ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "TO LICENSEE “AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS WITH ALL FAULTS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES DEFECTS WITHOUT WARRANTY OF ANY KIND KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED OR OTHERWISE, WITH RESPECT TO ANY THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH , AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR SOFTWARE TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED PRODUCTS WILL MEET YOUR THE LICENSEE’S REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES , ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR SOFTWARE SHALL WORK WITH ANY OTHER SOFTWARE, PRODUCTS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE UNINTERRUPTEDERROR FREE, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES ANY ERRORS OR SOFTWARE DEFECTS CAN OR WILL BE ACCURATE CORRECTED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR RELIABLE; (iv) QUALITY ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY PRODUCTS, SERVICES, LIABILITY ARISING FROM OR RELATED TO ANY INFORMATION CONTENT ADDED OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED SHARED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED PRODUCTS BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKLICENSEE (“USER CONTENT”), AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESSINCLUDING THE LEGALITY, DOWNLOADING AND/OR DISPLAYINGRELIABILITY, ACCURACY, COMPLETENESS, CONFIDENTIALITY, OR FOR ANY LOSS APPROPRIATENESS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALUSER CONTENT. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH SIRIUS WEALTH CREATIONS, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. THE ETF INSIDER MATERIALS ARE PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR AND "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS, AND OUR SUBSIDIARIESWITHOUT ANY REPRESENTATION, AFFILIATESWARRANTY, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON- INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY ETF INSIDER AND NON-INFRINGEMENT.ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ETF INSIDER SHALL CREATE OR GIVE RISE TO A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION. ANY USE OF, OR RELIANCE UPON ETF INSIDER MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, NEITHER ETF INSIDER NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION: b(A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESREGARDING THE EFFECTIVENESS, OFFICERSUSEFULNESS, EMPLOYEESRELIABILITY, AGENTSAVAILABILITY, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY ETF INSIDER MATERIALS; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, ETF INSIDER MATERIALS WILL MEET YOUR REQUIREMENTS; REQUIRMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT ETF INSIDER MATERIALS WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED; (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY INDSUTRY STANDARDS; OR (iiiE) THAT SUCH RESULTS WHICH MAY REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, ANY CYBERSECURITY EVENT, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS. EXODIG WILL NOT BE OBTAINED FROM THE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE NEW ENGLAND ECO WASH SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS OR SOFTWARE WILL BE ACCURATE FOR ISSUES RELATED TO HOSTING PROVIDERS OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY PUBLIC NETWORKS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY AND DATA YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKPROVIDE, AND AS YOU REPRESENT AND WARRANT THAT SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR INFORMATION AND HEREBY WAIVE DATA WILL NOT INFRINGE OR VIOLATE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/THIRD PARTY'S PROPRIETARY RIGHTS OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPRIVACY RIGHTS, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALAPPLICABLE LAW. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimers. YOU HEREIN i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL CONDITIONS, WARRANTIES AND AGREE THAT: a) REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDELIVERABLES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLENON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESWITH RESPECT TO HAZARDOUS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OFFICERSHONEYWELL MAKES NO REPRESENTATION, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY OR GUARANTEE THAT (iA) NEW ENGLAND ECO WASH SERVICES THE DELIVERABLES WILL MEET BUYER’S OR END USER’S REQUIREMENTS, FUNCTIONAL NEEDS; (B) THAT ANY SPECIFIC RESULT OR OUTCOME WILL BE PROVIDED BY ANY PRODUCT OR SERVICE PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT; (C) ANY DELIVERABLE WILL PREVENT, MITIGATE OR PROVIDE ADEQUATE WARNING OF OR PROTECTION AGAINST ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, DATA LOSS, BUSINESS INTERRUPTION, OR OTHER DAMAGE; OR (D) THAT THE OPERATION OF ANY SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR-FREE. ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE PRODUCTS, DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE RISK OF THE SAME. BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 18 HEREIN. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND STORAGE CAPACITORS), AND SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED SOFTWARE, WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS PURCHASED FROM HONEYWELL HEREUNDER (TO THE EXTENT SPECIFIED IN THE DOCUMENTATION). iv. HONEYWELL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CYBERATTACK; (iiiB) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; INTERNET, (ivC) QUALITY OF ANY PRODUCTSDATA, SOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY INFORMATION USER’S NEGLIGENCE, (F) THE FAILURE OF BUYER OR OTHER MATERIAL WHICH MAY BE PURCHASED ANY USER TO FOLLOW PUBLISHED DOCUMENTATION; (G) MODIFICATIONS OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONSALTERATIONS OF PRODUCTS NOT v. Notwithstanding any of the foregoing provisions of this Section, to the extent that Honeywell supplies Products in Australia to a “consumer” as defined in the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), Honeywell will comply with any applicable consumer guarantees and the following statements will apply: “Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: • to cancel your service contract with us; AND and • to a refund for the unused portion, or to compensation for its reduced value. Honeywell’s liability for failure to comply with a guarantee (vother than a guarantee under section 51, 52 or 53 of the Australian Consumer Law) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDis limited, at Honeywell’s option, to one or more of the following: 1. In respect of goods: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS2. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROMIn respect of services: (a) THE USE OR INABILITY TO USE OUR SERVICE.the supplying of the services again; or (b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICESthe payment of the cost of having the services supplied again. unless the consumer establishes that it is not fair or reasonable for Honeywell to limit its liability as above. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Projects and Services Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH GLOBAL HEALTH LEADERS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOUWARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. OUR SERVICES AND SOFTWARE CUSTOMER SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES PROMPTLY NOTIFY HEXAGON OF ANY KIND WHETHER EXPRESSED SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGRELATING TO THE SERVICES, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY COVERED PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT UPDATES PROVIDED PURSUANT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESTHIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY BE SHARE INFORMATION FROM TIME TO TIME RELATED TO THE LOSS OF ANY PROFITSITS EXPECTED DIRECTION, GOODWILLROADMAP, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY TIME IN HEXAGON’S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON’S FORMAL AND EXPRESS CONTRACTUAL COMMITMENT TO DELIVER THE SAME. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Maintenance Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH CONSOLIDATED MEDIA, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. THE KWAGALANA MATERIALS ARE PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS AND OUR SUBSIDIARIESAT YOUR SOLE RISK, AFFILIATESAND WITHOUT ANY REPRESENTATION, OFFICERSWARRANTY, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON- INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY KWAGALANA AND NON-INFRINGEMENT.ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXX OR A KWAGALANA REPRESENTATIVE, SHALL CREATE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION. IN ADDITION, NEITHER KWAGALANA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION: b(A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESREGARDING THE EFFECTIVENESS, OFFICERSUSEFULNESS, EMPLOYEESRELIABILITY, AGENTSAVAILABILITY, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY KWAGALANA MATERIALS; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, KWAGALANA MATERIALS WILL MEET YOUR REQUIREMENTS; REQUIREMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT KWAGALANA MATERIALS WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE ERROR- FREE OR ERRORVIRUS-FREE; (iii) , OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE DEFECTS WILL BE ACCURATE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICESCOMPLIANCE WITH, ANY INFORMATION GOVERNMENT REGULATIONS OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND STANDARDS. The above disclaimers apply to the maximum extent permitted by applicable Law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (vfully or partially) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDapplying to you (for example, some jurisdictions’ Laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and Kwagalana agree that they will not apply to you. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH RED FLAG MANIA SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH RED FLAG MANIA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. b) NEW ENGLAND ECO WASH RED FLAG MANIA AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH RED FLAG MANIA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH RED FLAG MANIA SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH RED FLAG MANIA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH RED FLAG MANIA SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH RED FLAG MANIA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH RED FLAG MANIA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. b) NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH XXXXX XXXXX DBA THE PRINTING BLOCK OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. THE PITANGO MATERIALS ARE PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS AND OUR SUBSIDIARIESAT YOUR SOLE RISK, AFFILIATESAND WITHOUT ANY REPRESENTATION, OFFICERSWARRANTY, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITYINCLUDINGWITHOUTLIMITATIONANYIMPLIEDWARRANTIESOFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT., OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY PITANGO AND ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXX OR A PITANGO REPRESENTATIVE, SHALL CREATE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION. IN ADDITION, NEITHER PITANGO NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION: b(A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESREGARDING THE EFFECTIVENESS, OFFICERSUSEFULNESS, EMPLOYEESRELIABILITY, AGENTSAVAILABILITY, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY PITANGO MATERIALS; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, PITANGO MATERIALS WILL MEET YOUR REQUIREMENTS; REQUIREMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT PITANGO MATERIALS WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE OR VIRUS-FREE; (iii) , OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE DEFECTS WILL BE ACCURATE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICESCOMPLIANCE WITH, ANY INFORMATION GOVERNMENT REGULATIONS OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND STANDARDS. The above disclaimers apply to the maximum extent permitted by applicable Law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (vfully or partially) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDapplying to you (for example, some jurisdictions’ Laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and Pitango agree that they will not apply to you. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimers. YOU HEREIN PARTNER SCHOOL EXPRESSLY ACKNOWLEDGE ACKNOWLEDGES AND AGREE THAT: a) AGREES THAT THE USE OF NEW ENGLAND ECO WASH SERVICES PLATFORM, SOFTWARE, AND SOFTWARE ANY ASSOCIATED CONTENT ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH SNAPPET AND OUR ITS AFFILIATES, SUBSIDIARIES, AFFILIATESOFFICERS, OFFICERSDIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “SNAPPET” FOR THE PURPOSES OF SECTIONS 12 AND 13 HEREIN) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND KIND, WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES. IN PARTICULAR, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE SNAPPET MAKES NO SUCH WARRANTIES WARRANTY THAT (iI) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE THE PLATFORM WILL MEET YOUR PARTNER SCHOOL’S REQUIREMENTS; (iiII) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE PARTNER SCHOOL’S USE OF THE NEW ENGLAND ECO WASH SERVICES PLATFORM WILL BE TIMELY, UNINTERRUPTED, SECURE, OR SOFTWARE FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY PARTNER SCHOOL AS A RESULT OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vIV) THAT ANY SUCH DEFECTS OR ERRORS CONTAINED IN THE SOFTWARE SHALL PROVIDED TO PARTNER SCHOOL AS PART OF THE PLATFORM WILL BE CORRECTED. c) . ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY THROUGH THE USE OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE THE PLATFORM IS ACCESSED BY YOUR SOLE AT PARTNER SCHOOL’S AND LICENSED USERS’ OWN DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL PARTNER SCHOOL AND ITS LICENSED USERS WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/PARTNER SCHOOL’S OR INTERNET ACCESSITS LICENSED USERS’ DEVICES, DOWNLOADING AND/OR DISPLAYINGCOMPUTERS, OR FOR ANY LOSS OF DATA THAT COULD RESULT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. Partner School acknowledges that Snappet is not responsible or liable in any way for any Content provided by Partner School or its Licensed Users. However, Snappet has the right, but not the obligation, to determine whether content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in its sole discretion, if such content is found to be in violation of this Agreement or a third party’s intellectual property rights, illegal, or otherwise objectionable. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Snappet Agreement of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) THE USE OF NEW ENGLAND ECO WASH SERVICES SDS PLATFORM, ALL UPDATES THERETO, AND SOFTWARE ALL CONTENT ON IT OR THEM ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESSED EITHER EXPRESS OR IMPLIED. THE SDS PLATFORM, INCLUDINGALL UPDATES THERETO, AND ALL CONTENT ON IT OR THEM IS SUBJECT TO CHANGE WITHOUT NOTICE. SDS DOES NOT GUARANTEE THAT THE SDS PLATFORM, ANY UPDATE THERETO, OR ANY CONTENT ON THE SDS PLATFORM OR ANY UPDATE THERETO WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. EDP AND ITS CLIENTS AND CUSTOMERS ACCESS AND USE THE LICENSED APPLICATION, ANY UPDATE THERETO, AND ANY CONTENT ON THE SDS PLATFORM AND ANY UPDATE THERETO AT ITS OWN RISK. (b) SDS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, FOR THE SDS PLATFORM, ALL UPDATES THERETO, AND ALL CONTENT ON IT OR THEM. b(c) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH THERE MAY BE OBTAINED TIMES WHEN THE SDS PLATFORM OR CONTENT ON IT MAY BE UNAVAILABLE, EITHER TEMPORARILY OR PERMANENTLY, DUE TO, FOR EXAMPLE AND WITHOUT LIMITATION, THE NEED TO PERFORM ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. SDS RESERVES THE RIGHT TO DISCONTINUE, CHANGE, SUSPEND, REMOVE AND/OR DISABLE ACCESS TO SDS PLATFORM AND TO ANY CONTENT ON IT AND TO IMPOSE LIMITS ON THE USE OF, OR ACCESS TO THE SDS PLATFORM OR TO ANY OF THE CONTENT ON IT, IN EACH CASE AT ANY TIME AND WITHOUT NOTICE OR LIABILITY. IN NO EVENT WILL SDS BE LIABLE FOR THE DISCONTINUANCE, MODIFICATION, SUSPENSION OR REMOVAL OF, OR DISABLING OF ACCESS TO, THE LICENSED APPLICATION OR ANY CONTENT ON IT AT ANY TIME AND/OR FOR ANY PERIOD OF TIME. ALSO, FROM TIME TO TIME, SDS MAY RESTRICT ACCESS TO SOME PARTS OF, OR ALL OF, THE SDS PLATFORM OR TO THE CONTENT ON IT, INCLUDING TO REGISTERED USERS. (d) EDP AGREES THAT SDS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO EDP OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT THE SDS PLATFORM IS TEMPORARILY NOT FUNCTIONAL BECAUSE OF THAT CONGESTION OR OVERLOAD. (e) SDS DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN CONTRIBUTIONS FROM OTHER USERS OF ANY OF OUR PRODUCTS (INCLUDING THE SDS PLATFORM), AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY AND ALL SUCH CONTRIBUTIONS AND CONTENT IN THEM. (f) EXCEPT AS EXPRESSLY STATED IN SDS’S PRIVACY POLICY, SDS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION ANY USER OF THE SDS PLATFORM MAY PROVIDE OR ACTIVITIES A USER MAY ENGAGE IN DURING THE COURSE OF THE USER’S USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDSDS PLATFORM. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Signing Day Sports, Inc.)

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH WAYLIGHT LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH WAYLIGHT LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH WAYLIGHT LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT THAT (i) NEW ENGLAND ECO WASH WAYLIGHT LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH WAYLIGHT LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH WAYLIGHT LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH WAYLIGHT LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH WAYLIGHT LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH WAYLIGHT LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF NEW ENGLAND ECO WASH SERVICES A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESITS SUPPLIERS DISCLAIM ALL WARRANTIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESPRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE LOSS OF ANY PROFITSMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICELAW. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF NEW ENGLAND ECO WASH SERVICES A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESITS SUPPLIERS DISCLAIM ALL WARRANTIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESPRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.MAXIMUM EXTENT ALLOWED

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: aA) THE USE OF NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. bB) NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (iI) NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (iiII) NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iiiIII) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (ivIV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vV) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. cC) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. dD) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH MIDDLEMAN ADVERTISING OR ITS AFFILIATE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE . E) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY PROFITSINVOLUNTARY MOVEMENT, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICECONVULSIONS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH PRIMITIVE OLDE CROW AND WINERY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EACH OF LESSOR, INDENTURE TRUSTEE, TRANCHE B LENDER, ADMINISTRATIVE AGENT AND AGREE THAT: a) COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE USE ITEMS OF NEW ENGLAND ECO WASH SERVICES EQUIPMENT HEREUNDER AS-IS AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM WHERE-IS WITH ALL FAULTS IF ANY AND ALL WARRANTIES OF ANY KIND WHETHER IN WHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDINGAS TO THE DESIGN, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLECONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPURPOSE, OR QUALIFICATION FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION PARTICULAR TRADE OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, INITIAL PURCHASER, TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO OUR SERVICETHE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, INITIAL PURCHASER, TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR -15- 17 COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR LESSOR'S BREACH OF ITS COVENANT OF QUIET ENJOYMENT IN SECTION 2 OF THE LEASE FOR ANY REASON WHATSOEVER.

Appears in 1 contract

Samples: Participation Agreement (Universal Compression Inc)

Warranty Disclaimers. YOU HEREIN i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL CONDITIONS, WARRANTIES AND AGREE THAT: a) REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDELIVERABLES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLENON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENTWITH RESPECT TO HAZARDOUS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT (A) THE DELIVERABLES WILL MEET BUYER’S OR END USER’S REQUIREMENTS, FUNCTIONAL NEEDS; (B) ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE PRODUCTS, DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE RISK OF THE SAME. BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 14 HEREIN. b) NEW ENGLAND ECO WASH iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND OUR SUBSIDIARIESSTORAGE CAPACITORS), OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO SUCH WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED SOFTWARE, WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS PURCHASED FROM HONEYWELL HEREUNDER (iTO THE EXTENT SPECIFIED IN THE DOCUMENTATION). iv. HONEYWELL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSCYBERATTACK; (iiB) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTEDTHE INTERNET, TIMELY(C) DATA, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTSSOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND USER’S NEGLIGENCE, (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: aF) THE USE FAILURE OF BUYER OR INABILITY ANY USER TO USE OUR SERVICE. bFOLLOW PUBLISHED DOCUMENTATION; (G) THE COST MODIFICATIONS OR ALTERATIONS OF PROCURING SUBSTITUTE GOODS AND SERVICES. cPRODUCTS NOT MADE BY HONEYWELL; (H) LOSS OR CORRUPTION OF DATA; (I) UNAUTHORIZED ACCESS VIA BUYER’S CREDENTIALS; OR (J) BUYER’S OR END USER’S FAILURE TO USE COMMERCIALLY REASONABLE ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT ITS SYSTEMS OR THE ALTERATION OF YOUR TRANSMISSIONSAND/DATA OR DATAFOLLOW INDUSTRY-STANDARD SECURITY PRACTICES. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Projects and Services Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE i. SOFTWARE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ” WITHOUT ANY AND ALL WARRANTIES WARRANTY OF ANY KIND WHETHER EXPRESSED AS TO DEFECTS OR IMPLIEDFUNCTIONALITY. THE ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO SOFTWARE, INCLUDINGAND HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS (INCLUDING FOLLOWING ALL TECHNICAL INSTRUCTION BULLETINS OR NOTIFICATIONS OF VULNERABILITIES OR TECHNICAL ISSUES) MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING WITHOUT THE FIRE PRODUCTS, BUT IT IS NOT LIMITED INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, SOFTWARE, CONSUMABLE ITEMS OR ITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., PAPER, PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES SOFTWARE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU COMPONENT SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/AS STATED IN SUCH OTHER LICENSE AGREEMENT OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA DOCUMENT. HONEYWELL MAKES NO WARRANTIES THAT COULD RESULT FROM THE DOWNLOAD SOFTWARE COMPONENTS OF ANY SUCH INFORMATION PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR MATERIAL. d) WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL HAS NO ADVICE AND/OBLIGATION TO PROVIDE ANY FORM OF CYBERSECURITY OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED DATA PROTECTION RELATING TO THE LOSS OPERATION OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO PRODUCTS OR THE ALTERATION NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND FUNCTIONALITY OF YOUR TRANSMISSIONSAND/OR DATATHE PRODUCTS BEYOND THEIR STATED LIFECYCLE. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Limited Warranty

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH ELEVATE INTEGRATIVE PHYSICAL THERAPY AND WELLNESS PLLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EXCEPT AS EXPLICITLY STATED IN THIS SONIFI LIMITED WARRANTY OR ELSEWHERE IN THE AGREEMENT, SONIFI DOES NOT MAKE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, COVENANTS, GUARANTEES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE HEADEND EQUIPMENT, BUT NOT LIMITED TO IN-ROOM EQUIPMENT, LICENSED SOFTWARE, DOCUMENTATION AND ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REPRESENTATION, COVENANT, GUARANTEE OR WARRANTY: (A) OF TITLECONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT; (B) ARISING BY USAGE OR TRADE PRACTICES, COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) THAT THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND NONASSOCIATED SERVICES WILL BE ERROR FREE, UNINTERRUPTED, SECURE FROM THIRD PARTY ATTACK OR FREE OF VIRUSES, BUGS, WORMS, TROJAN HORSES, MALWARE, CANCELBOTS OR OTHER MALICIOUS CODE; (D) THAT FUNCTIONS AND FEATURES CONTAINED IN THE HEADEND EQUIPMENT, THE IN-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESROOM EQUIPMENT, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES THE DOCUMENTATION OR THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES COMPANY’S OR SOFTWARE SHALL BE UNINTERRUPTEDITS GUESTS’, TIMELYEMPLOYEES’ AND INVITEES’ NEEDS, SECURE REQUIREMENTS OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vE) THAT THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND ASSOCIATED SERVICES ARE FREE FROM DEFECTS, FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR SPEED OR TO A PARTICULAR STANDARD OR ANY SUCH ERRORS CONTAINED IN QUALITY OF SERVICE. IMPORTANT: DO NOT OPEN OR TAMPER WITH ANY OF THE SOFTWARE SHALL BE CORRECTEDHEADEND EQUIPMENT OR IN-ROOM EQUIPMENT. OPENING OR TAMPERING WITH A COMPONENT OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THE SONIFI LIMITED WARRANTY OR MAY CAUSE THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT TO STOP FUNCTIONING. The specific limited warranties set forth in this SONIFI Limited Warranty do not apply to damage or failure to Covered Equipment or Licensed Software or inability to perform resulting from Company’s failure (i) to comply with the Agreement (including the SOW, the Licensed Software Terms and the Service Terms) or (ii) to follow Documentation or oral or written instructions from SONIFI personnel or the applicable hardware manufacturer, hardware supplier, software developer or software publisher pertaining to the Headend Equipment, In-Room Equipment, Licensed Software and/or Updates. Unless otherwise expressly stated in the Agreement, this SONIFI Limited Warranty sets forth Company’s sole and exclusive remedies in the event of a breach of warranty herein during the Limited Warranty Period. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Limited Warranty, Maintenance and Support Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH SEPARATOR TECHNOLOGY SOLUTIONS US INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) THE USE OF NEW ENGLAND ECO WASH WEBSITE AND THE SOFTWARE AND SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED FOR YOUR CONVENIENCE, ON AN "AS IS" AND/OR AND "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITHOUT WARRANTY OF ANY KIND, AND OUR SUBSIDIARIESSAVI CONTROLS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM, AFFILIATESTO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND KIND, WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, AND NON-INFRINGEMENT. (b) NEW ENGLAND ECO WASH WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAVI CONTROLS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ITS LICENSORS AND LICENSORS SUPPLIERS MAKE NO SUCH WARRANTIES WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SOFTWARE AND SERVICES: (iI) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (iiII) NEW ENGLAND ECO WASH SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE SHALL MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR-FREEFREE BASIS; OR (iiiIV) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS. NO ADVICE OR INFORMATION, SERVICESWHETHER ORAL OR WRITTEN, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU FROM SAVI CONTROLS, ANY DEALER OR THROUGH OUR THE WEBSITE OR THE SOFTWARE AND SERVICES SHALL CREATE ANY WARRANTY WITH RESPECT TO THE WEBSITE OR THE SOFTWARE AND SERVICES. FURTHER, SAVI CONTROLS DOES NOT WARRANT THAT THE WEBSITE OR THE SOFTWARE AND SERVICES OR SOFTWARE WILL MEET THE CONTROL4 SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN USE OF THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION AND SERVICES. FURTHERMORE, SAVI CONTROLS MAKES NO WARRANTIES, EXPRESS OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKIMPLIED, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR PROFESSIONAL SERVICES PERFORMED BY ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALSAVI CONTROLS DEALERS. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH ELECTRA ENTERTAINMENT, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH Aviato Inc. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" "; AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH Aviato Inc. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH Aviato Inc. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH Aviato Inc. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH Aviato Inc. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH Aviato Inc. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND ALL COGNEX SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE IS PROVIDED ON AN "AS IS" AND/” AND WITH ALL FAULTS. COGNEX AND ITS LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY COGNEX SOFTWARE AND DISCLAIM ALL EXPRESS, STATUTORY OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESIMPLIED WARRANTIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WITHOUT LIMITATION: WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, RELIABILITY, AVAILABILITY, ACCURACY, COMPLETENESS OR LACK OF VIRUSES; WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND ANY WARRANTY OF NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES . COGNEX DOES NOT WARRANT THAT (i) NEW ENGLAND ECO WASH SERVICES OR THE COGNEX SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES ANY REQUIREMENTS OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OPERATION OF THE NEW ENGLAND ECO WASH SERVICES OR COGNEX SOFTWARE WILL BE ACCURATE UNINTERRUPTED OR RELIABLE; (iv) QUALITY ERROR FREE. WITHOUT LIMITING THE FOREGOING, COGNEX MAKES NO WARRANTY OF ANY PRODUCTSKIND THAT THE COGNEX SOFTWARE, OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR OTHER PERSONS' REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER THIRD-PARTY SERVICES, OR BE SECURE, FREE OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD- PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY INFORMATION REPRESENTATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY WARRANTY OF OR FROM OUR SERVICES CONCERNING ANY OF THEM IS STRICTLY BETWEEN LICENSEE AND THE THIRD-PARTY OWNER OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED DISTRIBUTOR OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, OPEN SOURCE COMPONENTS AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICETHIRD-PARTY MATERIALS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: aDuring the term of this Agreement, WorkRamp warrants as follows: (i) the Services will materially comply with their then current Documentation; and (ii) it will use commercially reasonable efforts designed to identify and remove viruses and other similar intentionally harmful code from the Services. EXCEPT FOR THE USE OF NEW ENGLAND ECO WASH EXPRESS WARRANTIES IN THIS SECTION, THE SERVICES AND SOFTWARE (INCLUDING THE INTEGRATED SERVICES) ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS ” AND “AS-AVAILABLE" BASIS. NEW ENGLAND ECO WASH ,” WITH ALL FAULTS, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE KIND. WORKRAMP AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ITS VENDORS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTEDDISCLAIM ALL OTHER WARRANTIES, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; EXPRESS AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESIMPLIED, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WORKRAMP OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF WORKRAMP’S OBLIGATIONS HEREUNDER. THE SERVICES (INCLUDING THE INTEGRATED SERVICES) MAY BE RELATED USED TO ACCESS AND TRANSFER INFORMATION OVER THE LOSS OF ANY PROFITSINTERNET. YOU ACKNOWLEDGE AND AGREE WORKRAMP AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, GOODWILLWORMS, USETROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, AND/COMPUTERS, OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF NETWORKS. WORKRAMP WILL NOT BE RESPONSIBLE FOR SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, ACTIVITIES. YOU ARE RESPONSIBLE FOR PRESERVING AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION MAKING ADEQUATE BACKUPS OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Cloud Services Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH ELITE SANITATION SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH ELITE SANITATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH ELITE SANITATION AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH ELITE SANITATION SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH ELITE SANITATION SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH ELITE SANITATION SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH ELITE SANITATION SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH ELITE SANITATION OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXCEPT TO THE EXTENT EXPRESSLY ACKNOWLEDGE STATED IN THIS AGREEMENT: (A) XXXXXXXXX.XX AND AGREE THAT: aITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED (IN FACT OR BY OPERATION OF LAW), REGARDING THE SERVICE, PROFESSIONAL SERVICES, OR ANY MATTER WHATSOEVER; AND (B) XXXXXXXXX.XX AND ITS LICENSORS DO NOT WARRANT THAT THE USE OF NEW ENGLAND ECO WASH SERVICE OR ANY PROFESSIONAL SERVICES ARE OR WILL BE ERROR-FREE, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULTS, OR BE TIMELY OR SECURE. XXXXXXXXX.XX AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH INFRINGEMENT WITH RESPECT TO THE SERVICE AND OUR SUBSIDIARIESANY PROFESSIONAL SERVICES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS CUSTOMER HAS NO RIGHT TO MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES PASS ON TO ANY THIRD PARTY ANY REPRESENTATION OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH WARRANTY BY XXXXXXXXX.XX. THE SERVICE MAY BE OBTAINED FROM SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE NEW ENGLAND ECO WASH SERVICES INTERNET OR SOFTWARE WILL BE ACCURATE ELECTRONIC COMMUNICATIONS. XXXXXXXXX.XX IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR RELIABLE; (iv) QUALITY OTHER DAMAGE, LOSS OR LIABILITY RESULTING FROM SUCH PROBLEMS NOT CAUSED BY XXXXXXXXX.XX. CUSTOMER AGREES THAT ITS SUBSCRIPTION TO THE SERVICE AND FEES DUE OR PAID UNDER THIS AGREEMENT ARE NEITHER CONTINGENT ON THE DELIVERY OF ANY PRODUCTSFUTURE FUNCTIONALITY OR FEATURES, SERVICESNOR BASED ON ANY ORAL OR WRITTEN COMMENTS REGARDING ANY FUTURE FUNCTIONALITY OR FEATURES. MORE GENERALLY, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INFORMATION OTHER COMMITMENTS, STATEMENTS OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY MATTERS NOT EXPRESSLY STATED ADDRESSED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGETHIS AGREEMENT, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AN ORDER FORM OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICEAN SOW. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH ABOVE ARE YOUR EXCLUSIVE WARRANTIES AND AGREE THAT: a) THE USE ARE IN LIEU OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESALL OTHER WARRANTIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESNONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SOFTWARE, OFFICERSCONTENT UPDATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES UPDATES OR SOFTWARE UPGRADES WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES REQUIREMENTS OR THAT OPERATION OR USE OF THE SOFTWARE SHALL OR MAINTENANCE WILL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR-FREE; (iii) THAT SUCH RESULTS . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY BE OBTAINED VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. NOTWITHSTANDING ANY OTHER TERM IN THIS LICENSE AGREEMENT, SYMANTEC MAKES NO REPRESENTATIONS NOR ASSUMES ANY OBLIGATIONS REGARDING, ARISING FROM OR RELATED TO THE USE LEGALITY OF THE NEW ENGLAND ECO WASH SERVICES MONITORING, INSPECTION, DECRYPTION AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY RE-ENCRYPTION OF CUSTOMER CONTENT IN ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKPARTICULAR JURISDICTION, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR RESPONSIBLE, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES SYMANTEC SHALL HAVE NO RESPONSIBILITY FOR, DETERMINING THAT YOUR PROPOSED OR ACTUAL USE OF ACTION THE SOFTWARE COMPLIES WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSAPPLICABLE LAWS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND ACKNOWLEDGE AND AGREE THAT NEW ENGLAND ECO WASH YOU ARE SOLELY RESPONSIBLE FOR SELECTING CONFIGURATIONS, POLICIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, PROCEDURES IN THE SOFTWARE THAT ARE CONFIGURABLE INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES WHICH MAY BE RELATED TO THE LOSS SELECTION OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCURFILTERED CATEGORIES AND WEB APPLICATION CONTROLS, AND RESULT FROM: aFOR ASSURING THAT THE SELECTION (A) THE USE OR INABILITY CONFORMS TO USE OUR SERVICEYOUR POLICIES AND PROCEDURES AND (B) COMPLIES WITH ALL APPLICABLE LAWS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE THAT USE OF NEW ENGLAND ECO WASH THE SERVICES AND SOFTWARE ARE OUR CONTENT IS AT THE YOUR SOLE RISK BY AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR THE SERVICES AND SOFTWARE SHALL BE OUR CONTENT ARE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM TURNKEY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, QUIET ENJOYMENT, AND/OR NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS . TURNKEY DOES NOT MAKE NO SUCH ANY REPRESENTATIONS OR WARRANTIES THAT (i) NEW ENGLAND ECO WASH ACCESS TO THE SERVICES OR SOFTWARE ANY OF THE MATERIALS OR CONTENT CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) , OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE CONTENT WILL BE ACCURATE ACCURATE, RELIABLE, TRUTHFUL, OR RELIABLE; (iv) QUALITY OF ANY PRODUCTSCOMPLETE. ADDITIONALLY, SERVICESNOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND TURNKEY HEREBY WAIVE DISCLAIMS ANY AND ALL CLAIMS LIABILITY AND CAUSES OF ACTION RESPONSIBILITY FOR OR IN CONNECTION WITH RESPECT TO (A) ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESSKEY MANAGEMENT SERVICE, DOWNLOADING AND/OR DISPLAYINGINCLUDING WITHOUT LIMITATION ANY HANDLING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATIONMISHANDLING, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILLDISCLOSURE (INCLUDING UNAUTHORIZED DISCLOSURE), USE, DATAOR MISUSE, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY PRIVATE KEYS OR FAILURE BY US OR OUR SERVICE PROVIDERS TO PROVIDE ANY DECRYPTION KEYS TO YOU, (B) TURNKEY’S ACTS OR OMISSIONS IN CONNECTION WITH ITS ASSISTANCE IN OBTAINING ANY DECRYPTION KEY FOR YOU, INCLUDING TURNKEY’S FAILURE TO DO SO OR ITS NEGLIGENCE IN CONNECTION WITH SUCH THIRD PARTY ON OUR SERVICEASSISTANCE (INCLUDING WITHOUT LIMITATION TURNKEY’S ACCIDENTAL OR IMPROPER DISCLOSURE OF AN ACCESS TOKEN IN CONNECTION THEREWITH). e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Key Management License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE CUSTOMER UNDERSTANDS AND AGREE THAT: a) AGREES THAT THE USE OF NEW ENGLAND ECO WASH SERVICES SOFTWARE, THE DOCUMENTATION, THE SERVICES, ANY COMPONENTS THEREOF, AND SOFTWARE ANY OTHER MATERIALS ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN STRICTLY "AS IS." AND/AZCOMP, AND ANY THIRD PARTY SERVICE PROVIDERS, SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ALL WARRANTIES OF ANY KIND TO CUSTOMER AND OTHER THIRD PARTIES, WHETHER EXPRESS OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OUR SUBSIDIARIESFITNESS FOR A PARTICULAR PURPOSE, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF PERFORMANCE, ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED AND ALL WARRANTIES OF TITLEFREEDOM FROM ERRORS OR DEFECTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANY AND ALL WARRANTIES OF NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH , AND OUR SUBSIDIARIESANY AND ALL WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, OFFICERSA COURSE OF DEALING OR TRADE USAGE. AZCOMP MAKES NO REPRESENTATION OR WARRANTY AS TO THE TIMELINESS, EMPLOYEESSECURITY, AGENTSACCURACY OR COMPLETENESS OF THE SOFTWARE, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH THE SERVICES OR ANY INFORMATION CONTAINED IN OR ACCESSED BY OR THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THE DOCUMENTATION OR THE SERVICES, OR AS TO THE RESULTS TO BE UNINTERRUPTED, TIMELY, SECURE ATTAINED BY CUSTOMER OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED ANY THIRD PARTY FROM THE ACCESS TO OR USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY AZCOMP. SOME STATES DO NOT ALLOW THE EXCLUSION OF YOUR TRANSMISSIONSAND/OR DATAIMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Cloud Backup Customer Agreement

Warranty Disclaimers. YOU HEREIN EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT: aSET FORTH IN THIS AGREEMENT, NEITHER GOLFNOW NOR ITS PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATIONS, THE SERVICES OR THE GOLFNOW TECHNOLOGY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER GOLFNOW NOR ITS PROVIDERS REPRESENT OR WARRANT THAT (A) THE USE OF NEW ENGLAND ECO WASH THE APPLICATIONS, THE SERVICES OR THE GOLFNOW TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE APPLICATIONS, THE SERVICES OR THE GOLFNOW TECHNOLOGY WILL MEET PARTNER’S OR END USERS’ REQUIREMENTS OR EXPECTATIONS, OR (C) THE APPLICATIONS, THE SERVICES OR THE GOLFNOW TECHNOLOGY THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, SO LONG AS GOLFNOW HAS TAKEN REASONABLE STEPS TO SAFEGUARD AGAINST SUCH VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15.01 ABOVE, THE APPLICATIONS, THE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE GOLFNOW TECHNOLOGY IS PROVIDED TO PARTNER STRICTLY ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH ALL CONDITIONS, REPRESENTATIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND ARE HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED DISCLAIMED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GOLFNOW AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICEITS PROVIDERS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Order Form

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH IBANTEK PAYMENTS, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES CONCISE PH LLC SERVICES,CONCISEPH PLATFORM AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH CONCISE PH LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH CONCISE PH LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH CONCISE PH LLC SERVICES OR CONCISEPH PLATFORM OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH CONCISE PH LLC SERVICES OR CONCISEPH PLATFORM OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH CONCISE PH LLC SERVICES OR CONCISEPH PLATFORM OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR CONCISEPH PLATFORM OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN PARTNER DISTRICT EXPRESSLY ACKNOWLEDGE ACKNOWLEDGES AND AGREE THAT: a) AGREES THAT THE USE OF NEW ENGLAND ECO WASH SERVICES PLATFORM, SOFTWARE, AND SOFTWARE ANY ASSOCIATED CONTENT ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH SNAPPET AND OUR ITS AFFILIATES, SUBSIDIARIES, AFFILIATESOFFICERS, OFFICERSDIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “SNAPPET” FOR THE PURPOSES OF SECTIONS 12 AND 13 HEREIN) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND KIND, WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES. IN PARTICULAR, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE SNAPPET MAKES NO SUCH WARRANTIES WARRANTY THAT (iI) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE THE PLATFORM WILL MEET YOUR PARTNER DISTRICT’S REQUIREMENTS; (iiII) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE PARTNER DISTRICT’S USE OF THE NEW ENGLAND ECO WASH SERVICES PLATFORM WILL BE TIMELY, UNINTERRUPTED, SECURE, OR SOFTWARE FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY PARTNER DISRICT AS A RESULT OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vIV) THAT ANY SUCH DEFECTS OR ERRORS CONTAINED IN THE SOFTWARE SHALL PROVIDED TO PARTNER DISTRICT AS PART OF THE PLATFORM WILL BE CORRECTED. c) . ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY THROUGH THE USE OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE THE PLATFORM IS ACCESSED BY YOUR SOLE AT PARTNER DISTRICT’S AND LICENSED USERS’ OWN DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL PARTNER DISTRICT AND ITS LICENSED USERS WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/PARTNER DISTRICT’S OR INTERNET ACCESSITS LICENSED USERS’ DEVICES, DOWNLOADING AND/OR DISPLAYINGCOMPUTERS, OR FOR ANY LOSS OF DATA THAT COULD RESULT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. Partner District acknowledges that Snappet is not responsible or liable in any way for any Content provided by Partner District or its Licensed Users. However, Snappet has the right, but not the obligation, to determine whether content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in its sole discretion, if such content is found to be in violation of this Agreement or a third party’s intellectual property rights, illegal, or otherwise objectionable. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Snappet Agreement of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EACH OF LESSOR, INDENTURE TRUSTEE, --------------------- TRANCHE B LENDER, ADMINISTRATIVE AGENT AND AGREE THAT: a) COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE USE ITEMS OF NEW ENGLAND ECO WASH SERVICES EQUIPMENT HEREUNDER AS-IS AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM WHERE-IS WITH ALL FAULTS IF ANY AND ALL WARRANTIES OF ANY KIND WHETHER IN WHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDINGAS TO THE DESIGN, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLECONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPURPOSE, OR QUALIFICATION FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION PARTICULAR TRADE OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTE-HOLDER, ANY INITIAL PURCHASER, ANY TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO OUR SERVICETHE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MIS-CONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, ANY INITIAL PURCHASER, ANY TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR LESSOR'S BREACH OF ITS COVENANT OF QUIET ENJOYMENT IN SECTION 2 OF THE LEASE FOR ANY REASON WHATSOEVER.

Appears in 1 contract

Samples: Participation Agreement (BRL Universal Equipment Corp)

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE i. SOFTWARE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ” WITHOUT ANY AND ALL WARRANTIES WARRANTY OF ANY KIND WHETHER EXPRESSED AS TO DEFECTS OR IMPLIEDFUNCTIONALITY. THE ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO SOFTWARE, INCLUDINGAND HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS (INCLUDING FOLLOWING ALL TECHNICAL INSTRUCTION BULLETINS OR NOTIFICATIONS OF VULNERABILITIES OR TECHNICAL ISSUES, AS WELL AS INSTALLING ALL RECOMMENDED PATCHES OR UPDATES TO ANY APPLICABLE SOFTWARE OR THE PRODUCTS) MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING WITHOUT THE FIRE PRODUCTS, BUT IT IS NOT LIMITED INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, SOFTWARE, CONSUMABLE ITEMS OR ITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., PAPER, PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES SOFTWARE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU COMPONENT SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/AS STATED IN SUCH OTHER LICENSE AGREEMENT OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA DOCUMENT. HONEYWELL MAKES NO WARRANTIES THAT COULD RESULT FROM THE DOWNLOAD SOFTWARE COMPONENTS OF ANY SUCH INFORMATION PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR MATERIAL. d) WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL HAS NO ADVICE AND/OBLIGATION TO PROVIDE ANY FORM OF CYBERSECURITY OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED DATA PROTECTION RELATING TO THE LOSS OPERATION OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO PRODUCTS OR THE ALTERATION NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND FUNCTIONALITY OF YOUR TRANSMISSIONSAND/OR DATATHE PRODUCTS BEYOND THEIR STATED LIFECYCLE. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Limited Warranty

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH COME AND REASON MINISTRIES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH COME AND REASON MINISTRIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH COME AND REASON MINISTRIES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT THAT (i) NEW ENGLAND ECO WASH COME AND REASON MINISTRIES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; ; (ii) NEW ENGLAND ECO WASH COME AND REASON MINISTRIES SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; ; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH COME AND REASON MINISTRIES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; ; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH COME AND REASON MINISTRIES SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH COME AND REASON MINISTRIES OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY PROFITSINVOLUNTARY MOVEMENT, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICECONVULSIONS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE i. SOFTWARE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ” WITHOUT ANY AND ALL WARRANTIES WARRANTY OF ANY KIND WHETHER EXPRESSED AS TO DEFECTS OR IMPLIEDFUNCTIONALITY. THE ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO SOFTWARE, INCLUDINGAND HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING WITHOUT THE FIRE PRODUCTS, BUT IT IS NOT LIMITED INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, SOFTWARE, CONSUMABLE ITEMS OR ITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., PAPER, PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES SOFTWARE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU COMPONENT SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/AS STATED IN SUCH OTHER LICENSE AGREEMENT OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA DOCUMENT. HONEYWELL MAKES NO WARRANTIES THAT COULD RESULT FROM THE DOWNLOAD SOFTWARE COMPONENTS OF ANY SUCH INFORMATION PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR MATERIAL. d) NO ADVICE AND/WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL DOES NOT WARRANT CYBERSECURITY OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED DATA PROTECTION RELATING TO THE LOSS OPERATION OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO PRODUCTS OR THE ALTERATION NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND FUNCTIONALITY OF YOUR TRANSMISSIONSAND/OR DATATHE PRODUCTS BEYOND THEIR STATED LIFECYCLE. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Limited Warranty

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EACH OF LESSOR, INDENTURE TRUSTEE, TRANCHE B LENDER, ADMINISTRATIVE AGENT AND AGREE THAT: a) COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE USE ITEMS OF NEW ENGLAND ECO WASH SERVICES EQUIPMENT HEREUNDER AS-IS AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM WHERE-IS WITH ALL FAULTS IF ANY AND ALL WARRANTIES OF ANY KIND WHETHER IN WHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDINGAS TO THE DESIGN, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLECONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPURPOSE, OR QUALIFICATION FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION PARTICULAR TRADE OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, INITIAL PURCHASER, TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO OUR SERVICETHE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, INITIAL PURCHASER, TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR LESSOR'S BREACH OF ITS COVENANT OF QUIET ENJOYMENT IN SECTION 2 OF THE LEASE FOR ANY REASON WHATSOEVER.

Appears in 1 contract

Samples: Participation Agreement (BRL Universal Equipment Corp)

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EACH OF LESSOR, INDENTURE TRUSTEE, TRANCHE B LENDER, ADMINISTRATIVE AGENT AND AGREE THAT: a) COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE USE ITEMS OF NEW ENGLAND ECO WASH SERVICES EQUIPMENT HEREUNDER AS-IS AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM WHERE-IS WITH ALL FAULTS IF ANY AND ALL WARRANTIES OF ANY KIND WHETHER IN WHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDINGAS TO THE DESIGN, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLECONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPURPOSE, OR QUALIFICATION FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION PARTICULAR TRADE OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, ANY INITIAL PURCHASER, ANY TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO OUR SERVICETHE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, INDENTURE TRUSTEE, ANY TRANCHE A NOTEHOLDER, ANY INITIAL PURCHASER, ANY TRANCHE B LENDER, ARRANGER, ANY LIMITED PARTNER, LESSOR GENERAL PARTNER, ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR LESSOR'S BREACH OF ITS COVENANT OF QUIET ENJOYMENT IN SECTION 2 OF THE LEASE FOR ANY REASON WHATSOEVER.

Appears in 1 contract

Samples: Participation Agreement (Universal Compression Holdings Inc)

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Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH UPDATE INNOVATORS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) PROVIDED IN THIS AGREEMENT, THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE IS PROVIDED ON AN "AS IS" AND/”, AND NO OTHER WARRANTIES ARE CONVEYED OR "AS AVAILABLE" BASISAUTHORIZED WITH RESPECT TO THE SOFTWARE OR RELATED PRODUCTS AND SERVICES. NEW ENGLAND ECO WASH THIRDLANE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL OPERATE ERROR- FREE NOR THAT ALL DEFECTS OR BUGS WILL BE CORRECTED. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THIRDLANE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY THIRDLANE AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND AND CONDITIONS RELATED TO THE SOFTWARE, WHETHER EXPRESSED OR EXPRESSED, IMPLIED, INCLUDINGOR STATUATORY, BUT NOT LIMITED TO INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT. bINFRINGEMENT OF THIRD PARTY RIGHTS. THE LIMITED WARRANTY DOES NOT APPLY TO ANY VERSIONS OR COPIES OF THE SOFTWARE THAT: (A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESARE PROVIDED WITHOUT COST, OFFICERSOR (B) ARE LIMITED-TIME TRIAL VERSIONS, EMPLOYEESOR (C) ARE PROVIDED FOR DEMO, BETA, EVALUATION, OR TEST PURPOSES, OR (D) ARE VERSIONS THAT HAVE BEEN MODIFIED WITHOUT THIRDLANE’S EXPRESS WRITTEN CONSENT, OR (E) ARE VERSIONS OR COPIES THAT WERE NOT LICENSED OR OBTAINED DIRECTLY FROM THIRDLANE OR FROM ITS DULY AUTHORIZED RESELLERS OR AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT OR (iF) NEW ENGLAND ECO WASH SERVICES ARE USED IN UNAUTHORIZED APPLICATIONS OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGCONFIGURATIONS, OR IN COMBINATION WITH THIRD- PARTY SOFTWARE OR PRODUCTS WHOSE OPERATION IS BEYOND THIRDLANE’S REASONABLE CONTROL. NO RESELLER, AGENT, OR ENTITY OTHER THAN AN OFFICER OF THIRDLANE IS AUTHORIZED TO ASSUME FOR THIRDLANE ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION ADDITIONAL WARRANTY OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE LIABILITY RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, SOFTWARE OR ITS USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL CONDITIONS, WARRANTIES AND AGREE THAT: a) REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDELIVERABLES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL INCLUDING WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLENON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESWITH RESPECT TO HAZARDOUS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OFFICERSHONEYWELL MAKES NO REPRESENTATION, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY OR GUARANTEE THAT (iA) NEW ENGLAND ECO WASH SERVICES THE DELIVERABLES WILL MEET BUYER’S OR END USER’S REQUIREMENTS, FUNCTIONAL NEEDS; (B) THAT ANY SPECIFIC RESULT OR OUTCOME WILL BE PROVIDED BY ANY PRODUCT OR SERVICE PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT; (C) ANY DELIVERABLE WILL PREVENT, MITIGATE OR PROVIDE ADEQUATE WARNING OF OR PROTECTION AGAINST ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, DATA LOSS, BUSINESS INTERRUPTION, OR OTHER DAMAGE; OR (D) THAT THE OPERATION OF ANY SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR-FREE. ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE PRODUCTS, DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE RISK OF THE SAME. BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 14 HEREIN. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND STORAGE CAPACITORS), AND SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED iv. HONEYWELL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CYBERATTACK; (iiiB) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; INTERNET, (ivC) QUALITY OF ANY PRODUCTSDATA, SOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND USER’S NEGLIGENCE, (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: aF) THE USE FAILURE OF BUYER OR INABILITY ANY USER TO USE OUR SERVICE. bFOLLOW PUBLISHED DOCUMENTATION; (G) THE COST MODIFICATIONS OR ALTERATIONS OF PROCURING SUBSTITUTE GOODS AND SERVICES. cPRODUCTS NOT MADE BY HONEYWELL; (H) LOSS OR CORRUPTION OF DATA; (I) UNAUTHORIZED ACCESS VIA BUYER’S CREDENTIALS; OR (J) BUYER’S OR END USER’S FAILURE TO USE COMMERCIALLY REASONABLE ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT ITS SYSTEMS OR THE ALTERATION OF YOUR TRANSMISSIONSAND/DATA OR DATAFOLLOW INDUSTRY-STANDARD SECURITY PRACTICES. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Projects and Services Agreement

Warranty Disclaimers. THE ACTIVEAGING MATERIALS ARE PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS, AND OUR SUBSIDIARIESWITHOUT ANY REPRESENTATION, AFFILIATESWARRANTY, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON- INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY ACTIVEAGING AND NON-INFRINGEMENT.ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ACTIVEAGING SHALL CREATE OR GIVE RISE TO A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION. ANY USE OF, OR RELIANCE UPON ACTIVEAGING MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, NEITHER ACTIVEAGING NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION: b(A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESREGARDING THE EFFECTIVENESS, OFFICERSUSEFULNESS, EMPLOYEESRELIABILITY, AGENTSAVAILABILITY, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY ACTIVEAGING MATERIALS; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, ACTIVEAGING MATERIALS WILL MEET YOUR REQUIREMENTS; REQUIRMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT ACTIVEAGING MATERIALS WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED; (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY INDSUTRY STANDARDS; OR (iiiE) THAT SUCH RESULTS WHICH MAY REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, ANY CYBERSECURITY EVENT, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS. XXXXXXXXX WILL NOT BE OBTAINED FROM THE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE NEW ENGLAND ECO WASH SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS OR SOFTWARE WILL BE ACCURATE FOR ISSUES RELATED TO HOSTING PROVIDERS OR RELIABLE; (iv) QUALITY OF ANY PRODUCTSPUBLIC NETWORKS. and do not allow limitations to be imposed on statutory rights), SERVICESand, ANY to the extent the above disclaimers are prohibited, then you and ActiveAging agree that they will not apply to you. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY AND DATA YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKPROVIDE, AND AS YOU REPRESENT AND WARRANT THAT SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR INFORMATION AND HEREBY WAIVE DATA WILL NOT INFRINGE OR VIOLATE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/THIRD PARTY’S PROPRIETARY RIGHTS OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPRIVACY RIGHTS, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALAPPLICABLE LAW. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH FUNGALFARM SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH FUNGALFARM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH FUNGALFARM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH FUNGALFARM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH FUNGALFARM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH FUNGALFARM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH FUNGALFARM SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/AND/ OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH FUNGALFARM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH FUNGALFARM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. THE SOFTWARE AND DEVICE DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND YOU HEREIN EXPRESSLY ACKNOWLEDGE MAKE NO (AND AGREE THAT: aSPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY THAT (I) THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE OR (II) ANY DATA, INFORMATION OR RESULTS (COLLECTIVELY, “DEVICE DATA”) OBTAINED THROUGH THE USE OF NEW ENGLAND ECO WASH SERVICES AND THE SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL WILL BE PROVIDED ON AN "AS IS" AND/ACCURATE, TIMELY OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESERROR-FREE, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (B) ANY IMPLIED WARRANTIES WARRANTY OF TITLEMERCHANTABILITY, MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, OR NON-INFRINGEMENT. b, AND (C) NEW ENGLAND ECO WASH ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND OUR SUBSIDIARIESLIMITATIONS. IN SUCH AN EVENT, OFFICERS, EMPLOYEES, AGENTS, PARTNERS SUCH EXCLUSION AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE LIMITATION WILL MEET NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTSSOFTWARE, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKALL DEVICE DATA, AND AS SUCH THE DEVICE IS AT YOUR OWN RISK. YOU SHALL BE ARE SOLELY RESPONSIBLE FOR FOR, AND HEREBY WAIVE JCI DISCLAIMS, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR COMPUTER AND/OR INTERNET ACCESSUSE OF THE SOFTWARE, DOWNLOADING AND/OR DISPLAYINGDEVICE DATA, OR FOR THE DEVICE, INCLUDING TO YOUR COMPUTER, MOBILE DEVICE, HOME, ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED ITEM CONNECTED TO THE LOSS OF ANY PROFITSDEVICE, GOODWILLHVAC SYSTEM, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCURPLUMBING, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICEALL OTHER ITEMS IN YOUR HOME. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-ERROR- FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH XXXXXX X. XXXXXX PHOTOGRAPHY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH XXXXXXX ROOFING SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH XXXXXXX ROOFING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH XXXXXXX ROOFING AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH XXXXXXX ROOFING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH XXXXXXX ROOFING SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH XXXXXXX ROOFING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH XXXXXXX ROOFING SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH XXXXXXX ROOFING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-ERROR- FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH AMTEX SYSTEMS INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICETOS. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF NEW ENGLAND ECO WASH SERVICES A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESITS SUPPLIERS DISCLAIM ALL WARRANTIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESPRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON-INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) LIABILITY IS MANDATED PURSUANT TO THE USE OR INABILITY LAW HELD APPLICABLE TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.THIS

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" "; AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SCIOVIRTUAL FOUNDATION SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH UNIVERSE CORP SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH UNIVERSE CORP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH UNIVERSE CORP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH UNIVERSE CORP SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH UNIVERSE CORP SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH UNIVERSE CORP SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH UNIVERSE CORP SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH UNIVERSE CORP OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH UNIVERSE CORP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH MAXIMUS GLOBAL INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" '' AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND MAXIMUS GLOBAL INC.AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH MAXIMUS GLOBAL INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH MAXIMUS GLOBAL INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH ii)MAXIMUS GLOBAL INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES MAXIMUS GLOBAL XXX.XXXXXXXX OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONSEXPECTATION; AND (v) THAT v)THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH MAXIMUS GLOBAL INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, ,DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR MAXIMUS GLOBAL INC.OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOMS IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU OR ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH MUDDY XXXX XXXXX GAMES OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. 15.1. This section applies whether or not the services provided under the Site are for payment. applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 15.2. THE SITE (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION CONTENT AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS, AND OUR SUBSIDIARIESWITHOUT ANY REPRESENTATION, AFFILIATESWARRANTY, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH , OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR SUBSIDIARIESLICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, OFFICERSSLOW CONNECTIONS, EMPLOYEESTRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. 15.3. IN ADDITION, AGENTSNEITHER CLARITY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, THE SITE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT THE SITE WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR (iiiD) THAT SUCH RESULTS WHICH REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS 15.4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, CLARITY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE SECURITY OF ANY INFORMATION YOU MAY BE OBTAINED FROM PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDSITE. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH DISPATCH XCHANGE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH DISPATCH XCHANGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. b) NEW ENGLAND ECO WASH DISPATCH XCHANGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH DISPATCH XCHANGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH DISPATCH XCHANGE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH DISPATCH XCHANGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH DISPATCH XCHANGE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH DISPATCH XCHANGE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH DISPATCH XCHANGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AUTHOR XXXXX XXXXXXXX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 9.1, ALL SOFTWARE, SUBSCRIPTIONS, AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH ” BASIS WITHOUT ANY WARRANTY WHATSOEVER AND OUR SUBSIDIARIESGoldPhish EXPRESSLY DISCLAIMS, AFFILIATESTO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OFFICERSALL WARRANTIES, EMPLOYEESEXPRESS, AGENTSIMPLIED AND STATUTORY, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. GoldPhish DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SOFTWARE, SERVICES AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES SUBSCRIPTIONS. GoldPhish DOES NOT REPRESENT OR WARRANT THAT (i) NEW ENGLAND ECO WASH THE SERVICES OR SOFTWARE WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES , WILL PREVENT UNAUTHORISED ACCESS BY THIRD PARTIES, OR SOFTWARE SHALL WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM , OR WITHOUT DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. GoldPhish MAKES NO REPRESENTATION OR WARRANTY AS TO THE USE ACCURACY, AVAILABILITY, TIMELINESS, QUALITY, COMPLETENESS, SUITABILITY OR RELIABILITY OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED DATA ACCESSED ON OR THROUGH THE SERVICES. NO INFORMATION OBTAINED BY YOU THROUGH OUR SERVICES FROM GoldPhish, WHETHER ORAL OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKWRITTEN, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. GoldPhish DISCLAIMS ANY AND ALL LIABILITY FOR THE TERMS. YOU EXPLICITLY ACKNOWLEDGEACTS, UNDERSTAND OMISSIONS AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE PARTIES IN CONNECTION WITH OR RELATED TO OUR SERVICECUSTOMER’S OR ITS AUTHORISED USERS’ USE OF THE SOFTWARE OR SERVICES. THE FOREGOING EXCEPTION TO DISCLAIMER OF WARRANTIES SHALL NOT APPLY TO ANY TRIAL PRODUCT, WHICH IS PROVIDED ENTIRELY “AS IS’ AND WITH NO WARRANTIES WHATSOEVER.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE YOUR USE OF NEW ENGLAND ECO WASH THE SITE, AND THE PERSONAL INFORMATION YOU PROVIDE IS AT YOUR SOLE DISCRETION AND RISK. FINGAGE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES AND SOFTWARE INCLUDED THEREIN, ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND FROM FINGAGE. NO ADVICE OR "AS AVAILABLE" BASISINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINGAGE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESIF YOU CHOOSE TO RELY ON SUCH INFORMATION, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS YOU DO SO SOLELY AT YOUR OWN RISK. FINGAGE EXPRESSLY DISCLAIM ANY AND DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED KIND, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGRELATING TO FINGAGE, BUT NOT LIMITED TO ANY IMPLIED CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH INFRINGEMENT OF PROPRIETARY RIGHTS, AND OUR SUBSIDIARIESCOURSE OF DEALING OR COURSE OF PERFORMANCE. FINGAGE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF FINGAGE, CONTENT AND/OR USER INFORMATION; THAT FINGAGE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; THAT FINGAGE WILL BE FREE FROM ELECTRONIC VIRUSES; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY FINGAGE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA. IN NO EVENT SHALL FINGAGE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT AGENTS BE LIABLE TO YOU FOR ANY PUNITIVEDAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDINGARISING OUT OF OR IN CONNECTION WITH YOUR USE OF FINGAGE, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH FINGAGE OR FOR ANY PROFITSINVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, GOODWILL, USE, DATA, AND/WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE NOT FINGAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) DAMAGES. THE USE OR INABILITY FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO USE OUR SERVICETHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH Bachmanity Inc. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" "; AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH Bachmanity Inc. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH Bachmanity Inc. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH Bachmanity Inc. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH Bachmanity Inc. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH Bachmanity Inc. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. 12.1. This section applies whether or not the services provided under the Site are for payment. applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 12.2. THE SITE (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION CONTENT AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITH ALL FAULTS, AND OUR SUBSIDIARIESWITHOUT ANY REPRESENTATION, AFFILIATESWARRANTY, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH , OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR SUBSIDIARIESLICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, OFFICERSSLOW CONNECTIONS, EMPLOYEESTRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. 12.3. IN ADDITION, AGENTSNEITHER CLARITY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT (i) NEW ENGLAND ECO WASH SERVICES YOUR USE OF, OR SOFTWARE RELIANCE UPON, THE SITE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS; (iiC) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THAT THE SITE WILL BE UNINTERRUPTED, TIMELYSECURE, SECURE OR ERROR-FREE OR VIRUS-FREE; (iii) , OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM DEFECTS IN THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SITE WILL BE ACCURATE CORRECTED; OR RELIABLE; (ivD) QUALITY OF ANY PRODUCTSREGARDING THE SATISFACTION OF, SERVICESOR COMPLIANCE WITH, ANY INFORMATION GOVERNMENT REGULATIONS OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.STANDARDS

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) : THE USE OF NEW ENGLAND ECO WASH TUTORUP SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR TUTORUP’S SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH TUTORUP AND OUR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. b) NEW ENGLAND ECO WASH . TUTORUP AND OUR ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH TUTORUP’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH TURTORUP’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH TUTORUP’S SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR TUTORUP’S SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) . ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH TUTORUP’S SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) . NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH TUTORUP OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTOS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY PROFITSINVOLUNTARY MOVEMENT, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICECONVULSIONS. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE HEREBY ASSUME ALL RISK OF USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BLOBFISH SERVICE BY YOU. OUR SERVICES AND SOFTWARE SHALL BE THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH BLOBFISH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH . BLOBFISH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES THE SERVICE OR SOFTWARE ANY ACTIVITIES AVAILABLE FOR REGISTRATION THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT SUCH RESULTS ANY ERRORS ON THE SERVICE SHALL BE CORRECTED. YOU UNDERSTAND THAT BLOBFISH DOES NOT SCREEN, SPONSOR, ENDORSE, APPROVE, QUALIFY OR MONITOR THE ACTIVITY PROVIDERS OR THEIR ACTIVITIES. PRIOR TO REGISTERING FOR ANY ACTIVITY YOU ARE ENCOURAGED TO PERFORM YOUR OWN DUE DILIGENCE ON ANY ACTIVITY PROVIDER AND THE ACTIVITIES IN WHICH MAY BE OBTAINED FROM YOU ARE INTERESTED TO DETERMINE THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) SUITABILITY, SAFETY, SECURITY AND QUALITY OF ANY PRODUCTSACTIVITY OR ACTIVITY PROVIDER. BLOBFISH DOES NOT CONTROL ANY OF THE ACTIVITIES OR ACTIVITY PROVIDERS AND IN NO EVENT WILL BLOBFISH BE LIABLE FOR ANY ACTIVITIES, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONSACTIONS OF AN ACTIVITY PROVIDER. YOU MAY REPORT ANY NEGATIVE EXPERIENCE OR FEEDBACK REGARDING AN ACTIVITY PROVIDER OR ACTIVITY TO US; AND (v) PROVIDED, HOWEVER THAT BLOBFISH RESERVES THE RIGHT TO INVESTIGATE OR TAKE ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION ACTION OR MATERIAL DOWNLOADED TO NOT INVESTIGATE OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF TAKE ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS THERETO IN ITS SOLE DISCRETION. LIMITATION OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH BLOBFISH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT OR IN ANY WAY RELATED TO THE SERVICE OR THE ACTIVITIES FOR WHICH YOU MAY REGISTER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY USER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT EXCEED $50.00. You acknowledge, AND RESULT FROM: aunderstand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) THE USE OR INABILITY TO USE OUR SERVICEafter said claim or cause of action arose or shall be forever barred. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THAT THE USE OF NEW ENGLAND ECO WASH PICKAXE’S SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH PICKAXE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. b) NEW ENGLAND ECO WASH . PICKAXE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH PICKAXE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH PICKAXE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED BEOBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH PICKAXE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) . ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH PICKAXE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) . NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH PICKAXE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. SECTION 12 – LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH PICKAXE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE.; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSANDTRANSMISSIONS AND/OR DATA.; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (IN FACT OR BY OPERATION OF LAW), REGARDING THE SERVICES, PROFESSIONAL SERVICES, OR ANY MATTER WHATSOEVER; AND AGREE THAT: a(B) STANDARDS DIGITAL AND ITS LICENSORS DO NOT WARRANT THAT THE USE OF NEW ENGLAND ECO WASH SERVICES OR ANY PROFESSIONAL SERVICES ARE OR WILL BE ERROR-FREE, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULTS, OR BE TIMELY OR SECURE. STANDARDS DIGITAL AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH ANY PROFESSIONAL SERVICES, AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS CUSTOMER HAS NO RIGHT TO MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH OR PASS ON TO ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY BY STANDARDS DIGITAL. THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE NEW ENGLAND ECO WASH INTERNET OR ELECTRONIC COMMUNICATIONS. STANDARDS DIGITAL IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, LOSS OR LIABILITY RESULTING FROM SUCH PROBLEMS NOT CAUSED BY STANDARDS DIGITAL. CUSTOMER AGREES THAT ITS SUBSCRIPTION TO THE SERVICES AND FEES DUE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY PAID UNDER THIS AGREEMENT ARE NEITHER CONTINGENT ON THE DELIVERY OF ANY PRODUCTSFUTURE FUNCTIONALITY OR FEATURES, SERVICESNOR BASED ON ANY ORAL OR WRITTEN COMMENTS REGARDING ANY FUTURE FUNCTIONALITY OR FEATURES. MORE GENERALLY, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INFORMATION OTHER COMMITMENTS, STATEMENTS OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY MATTERS NOT EXPRESSLY STATED ADDRESSED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGETHIS AGREEMENT, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AN ORDER FORM OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICEAN SOW. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE THE EXPLICIT WARRANTIES SET FORTH IN THE SLA AND AGREE THAT: a) IN SECTION 8.1 ABOVE ARE THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK ONLY WARRANTIES MADE BY YOUKHOROS. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL KHOROS MAKES NO OTHER WARRANTIES OF ANY KIND WHETHER EXPRESSED KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. bPURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FURTHER: (A) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES KHOROS DOES NOT REPRESENT OR WARRANT THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE THE APPLICATION WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE PERFORM WITHOUT INTERRUPTION OR ERROR-FREE; AND (iiiB) KHOROS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES. 8.4 SOCIAL MEDIA NETWORK DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THOSE APPLICATION FEATURES THAT INTEROPERATE WITH SOCIAL MEDIA NETWORKS DEPEND ON THE CONTINUING AVAILABILITY OF THOSE SOCIAL MEDIA NETWORKS’ API AND PROGRAM. SERVICES MAY BE IMPACTED, INTERRUPTED, OR SOFTWARE WILL BE ACCURATE CEASE IF A SOCIAL MEDIA NETWORK CEASES TO MAKE ITS API OR RELIABLE; (iv) QUALITY OF ANY PRODUCTSPROGRAM AVAILABLE ON REASONABLE TERMS OR IF A SOCIAL MEDIA NETWORK EXPERIENCES AN OUTAGE, MALFUNCTION, OR CHANGE IN THEIR SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYINGPRACTICES, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALFUNCTIONALITY. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Master Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH THE ELIXIR MIXERS EVENTS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. 10.1. YOUR BOAT’S LIMITED WARRANTY DOES NOT COVER THE MASTERCRAFT CONNECT SERVICES, THE SYSTEM, THE SOFTWARE, THE WEBSITE, THE APP, THE MTD, OR THE WIRELESS CONNECTION, WHICH IS PROVIDED TO YOU HEREIN EXPRESSLY ACKNOWLEDGE ON AN “AS IS” AND AGREE THAT: a) “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN ADDITION, XXXXXXXXXXX CANNOT PROMISE UNINTERRUPTED OR PROBLEM-FREE SERVICE OF THE USE OF NEW ENGLAND ECO WASH SERVICES SYSTEM AND SOFTWARE ARE AT CANNOT PROMISE THAT THE SOLE RISK BY YOUDATA OR INFORMATION PROVIDED TO YOU WILL BE ERROR- FREE. OUR SERVICES ALL DATA AND SOFTWARE SHALL BE INFORMATION IS PROVIDED TO YOU ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MASTERCRAFT HEREBY EXPRESSLY DISCLAIM DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED KIND, EXPRESS OR IMPLIED, ABOUT THE MASTERCRAFT CONNECT SYSTEM, THE MASTERCRAFT CONNECT SERVICES AND ANY DATA AND INFORMATION AND SERVICES PROVIDED THROUGH IT, INCLUDING, BUT NOT LIMITED WITHOUT LIMITATION, ANY WARRANTIES AS TO ANY IMPLIED WARRANTIES OF TITLECONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESPURPOSE, OFFICERSINCLUDING ANY STATEMENTS BY ANY PARTY REGARDING THE CAPABILITIES, EMPLOYEESFUNCTIONS, AGENTS, PARTNERS AND LICENSORS MAKE NO OR FEATURES OF THE SYSTEM. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. THE UNDERLYING WIRELESS CARRIER DOES NOT WARRANT THAT (i) NEW ENGLAND ECO WASH SERVICES END USERS CAN OR SOFTWARE WILL MEET BE LOCATED USING THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED IN ANY WAY WITH YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SYSTEM OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 10.2. YOU ACKNOWLEDGE AND AGREE THAT NEITHER MASTERCRAFT NOR ANY OTHER PARTY HAS MADE ANY REPRESENTATIONS OR WARRANTIES, NOR HAVE YOU RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SYSTEM OR SERVICES. YOU ACKNOWLEDGE THAT NO AFFIRMATION OF FACT OR STATEMENT (WHETHER WRITTEN OR ORAL) MADE BY MASTERCRAFT, ITS REPRESENTATIVES, OR ANY OTHER PARTY OUTSIDE OF THIS AGREEMENT WITH RESPECT TO THE SYSTEM OR SERVICES SHALL BE DEEMED TO CREATE ANY EXPRESS OR SOFTWARE IMPLIED WARRANTY ON THE PART OF MASTERCRAFT OR ITS REPRESENTATIVES. 10.3. MASTERCRAFT AND ITS SUPPLIERS OR SERVICE PROVIDERS MAKE NO WARRANTY THE ANY BUGS, DEFECTS, OR ISSUES WITH THE SYSTEM OR SERVICES WILL BE ACCURATE CORRECTED OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION THAT THE SYSTEM OR OTHER MATERIAL WHICH MAY SERVICES WILL BE PURCHASED COMPATIBLE WITH YOUR COMPUTER OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDMOBILE DEVICE. c) 10.4. MASTERCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO AND IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION SERVICE OR MATERIAL DOWNLOADED 10.5. MASTERCRAFT MAKES NO REPRESENTATIONS OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WARRANTIES WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/CONTENT OR INTERNET ACCESSUSER SUBMISSIONS ACCESSED THROUGH THE SYSTEM OR SERVICES AND IS NOT RESPONSIBLE OR LIABILE FOR THE ACCURACY, DOWNLOADING AND/COPYRIGHT COMPLIANCE, LEGALITY OR DISPLAYING, DECENCY OF CONTENT OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM USER SUBMISSIONS CONTAINED IN OR ACCESSED THROUGH THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Mastercraft Connect Service Agreement

Warranty Disclaimers. YOU HEREIN OTHER THAN AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) SET FORTH IN SECTION 10, COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CUSTOMER OR ANY OTHER PARTY WITH RESPECT TO THE USE SOFTWARE, THE USER MATERIAL, OR ANY SERVICES OR WORKS OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT AUTHORSHIP PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESFOREGOING, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF TITLE, CONDITION OR MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIESDISCLAIMED. COMPANY PROVIDES NO WARRANTY REGARDING ANY THIRD PARTY SOFTWARE AND/OR HARDWARE NOT MANUFACTURED BY COMPANY. FURTHERMORE, OFFICERSCUSTOMER AGREES THAT, EMPLOYEESEXCEPT AS SET FORTH IN THIS AGREEMENT, AGENTSCOMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH THIRD PARTY SERVICES AND/OR HARDWARE IT PROVIDES TO CUSTOMER. IF ANY PROBLEM, OPERATIONAL FAILURE OR ERROR OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES HAS RESULTED FROM ANY ALTERATION OF THE SOFTWARE, ACCIDENT, ABUSE OR SOFTWARE MISAPPLICATION, THEN, AT COMPANY’S SOLE OPTION, THIS WARRANTY SHALL BE UNINTERRUPTEDNULL AND VOID. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICES MAY NOT BE RELIED UPON TO PERFORM MEDICAL DIAGNOSTIC FUNCTIONS OR TO SET TREATMENT PROCEDURES. WHEN USING THE SOFTWARE, TIMELYDOCUMENTATION, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SUPPORT AND SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; CUSTOMER AND ITS AUTHORIZED USERS (vE.G. EMPLOYEES) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE ARE SOLELY RESPONSIBLE FOR EXERCISING DUE CARE AND HEREBY WAIVE USING THEIR INDEPENDENT PROFESSIONAL JUDGMENT WITH REGARD TO PATIENT EXAMINATION, DIAGNOSIS AND TREATMENT. COMPANY DOES NOT ASSUME ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR RESPONSIBILITY FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES CUSTOMER’S ACTIONS WHICH MAY BE RELATED RESULT IN ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY PROFITSMALPRACTICE, GOODWILLFAILURE TO WARN, USE, DATA, AND/NEGLIGENCE OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICEBASIS.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF NEW ENGLAND ECO WASH UNIVERSLEY LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH UNIVERSLEY LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) NEW ENGLAND ECO WASH UNIVERSLEY LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH UNIVERSLEY LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH UNIVERSLEY LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW ENGLAND ECO WASH UNIVERSLEY LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH UNIVERSLEY LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH UNIVERSLEY LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE RELATED TO CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICESERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) THE USE OF NEW ENGLAND ECO WASH SERVICES SDS PLATFORM, ALL UPDATES THERETO, AND SOFTWARE ALL CONTENT ON IT OR THEM ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESSED EITHER EXPRESS OR IMPLIED. THE SDS PLATFORM, INCLUDINGALL UPDATES THERETO, AND ALL CONTENT ON IT OR THEM IS SUBJECT TO CHANGE WITHOUT NOTICE. SDS DOES NOT GUARANTEE THAT THE SDS PLATFORM, ANY UPDATE THERETO, OR ANY CONTENT ON THE SDS PLATFORM OR ANY UPDATE THERETO WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. LSHSC AND ITS CLIENTS AND CUSTOMERS ACCESS AND USE THE LICENSED APPLICATION, ANY UPDATE THERETO, AND ANY CONTENT ON THE SDS PLATFORM AND ANY UPDATE THERETO AT ITS OWN RISK. (b) SDS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, FOR THE SDS PLATFORM, ALL UPDATES THERETO, AND ALL CONTENT ON IT OR THEM. b(c) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH THERE MAY BE OBTAINED TIMES WHEN THE SDS PLATFORM OR CONTENT ON IT MAY BE UNAVAILABLE, EITHER TEMPORARILY OR PERMANENTLY, DUE TO, FOR EXAMPLE AND WITHOUT LIMITATION, THE NEED TO PERFORM ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. SDS RESERVES THE RIGHT TO DISCONTINUE, CHANGE, SUSPEND, REMOVE AND/OR DISABLE ACCESS TO SDS PLATFORM AND TO ANY CONTENT ON IT AND TO IMPOSE LIMITS ON THE USE OF, OR ACCESS TO THE SDS PLATFORM OR TO ANY OF THE CONTENT ON IT, IN EACH CASE AT ANY TIME AND WITHOUT NOTICE OR LIABILITY. IN NO EVENT WILL SDS BE LIABLE FOR THE DISCONTINUANCE, MODIFICATION, SUSPENSION OR REMOVAL OF, OR DISABLING OF ACCESS TO, THE LICENSED APPLICATION OR ANY CONTENT ON IT AT ANY TIME AND/OR FOR ANY PERIOD OF TIME. ALSO, FROM TIME TO TIME, SDS MAY RESTRICT ACCESS TO SOME PARTS OF, OR ALL OF, THE SDS PLATFORM OR TO THE CONTENT ON IT, INCLUDING TO REGISTERED USERS. (d) LSHSC AGREES THAT SDS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO LSHSC OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT THE SDS PLATFORM IS TEMPORARILY NOT FUNCTIONAL BECAUSE OF THAT CONGESTION OR OVERLOAD. (e) SDS DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN CONTRIBUTIONS FROM OTHER USERS OF ANY OF OUR PRODUCTS (INCLUDING THE SDS PLATFORM), AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY AND ALL SUCH CONTRIBUTIONS AND CONTENT IN THEM. (f) EXCEPT AS EXPRESSLY STATED IN SDS’S PRIVACY POLICY, SDS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION ANY USER OF THE SDS PLATFORM MAY PROVIDE OR ACTIVITIES A USER MAY ENGAGE IN DURING THE COURSE OF THE USER’S USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTEDSDS PLATFORM. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: Collaboration and Revenue Sharing Agreement (Signing Day Sports, Inc.)

Warranty Disclaimers. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) 16.1. THE USE OF NEW ENGLAND ECO WASH SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE APP IS PROVIDED ON AN "AS IS" AND/OR "” AND “AS AVAILABLE" BASIS. NEW ENGLAND ECO WASH , WITHOUT WARRANTIES OF ANY KIND, AND OUR SUBSIDIARIESPLAYERMAKER DISCLAIMS, AFFILIATESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WARRANTIES, WHETHER EXPRESSED EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PLAYERMAKER WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. b) NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES 16.2. WE DO NOT WARRANT THAT (i) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE THE APP WILL MEET YOUR REQUIREMENTS; (ii) NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR OPERATE ERROR-FREE; , THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (iiiSUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) THAT SUCH RESULTS WHICH MAY BE OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. 16.3. PLAYERMAKER DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY IMPROVEMENT (OR LACK THEREOF) OF ANY TEAM MEMBER'S SKILLS AND PHYSICAL OR ATHLETIC CAPABILITIES. 16.4. PLAYERMAKER DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION ANY RESULTS, REPORTS, STATISTICS, DATA AND/OR ANALYSES OBTAINED FROM THE THROUGH USE OF THE NEW ENGLAND ECO WASH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY APP. YOUR USE OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN RELIANCE UPON THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NEW ENGLAND ECO WASH SERVICES OR SOFTWARE SHALL BE ACCESSED BY APP ARE ENTIRELY AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH PLAYERMAKER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT OR TO ANY DAMAGE TO THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING. 16.5. YOU HEREBY ACKNOWLEDGE THAT YOUR COMPUTER AND/USE OF THE APP IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT PLAYERMAKER WILL NOT BE HELD RESPONSIBLE OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR LIABLE FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY CONSEQUENCES (SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW ENGLAND ECO WASH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW ENGLAND ECO WASH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDINGAS, BUT NOT LIMITED TO, DAMAGES WHICH HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR ANY THIRD PARTY THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THE APP, INCLUDING WITHOUT LIMITATION WHERE SUCH CONSEQUENCES RESULT FROM TECHNICAL, INTERNET OR TELECOMMUNICATIONS PROBLEMS (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF PLAYERMAKER'S OR THIRD PARTY SERVERS). 16.6. NEITHER PLAYERMAKER NOR ITS PERSONNEL ARE LICENSED MEDICAL CARE PROVIDERS, AND THEY HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU HEREBY ACKNOWLEDGE THAT NO MEDICAL OR SIMILAR PROFESSIONAL ADVICE IS PROVIDED (OR PURPORTED TO BE PROVIDED) VIA THE APP, AND THE APPSHOULD NOT BE USED OR RELIED UPON IN PLACE OF CONSULTING (OR OTHERWISE SEEKING ADVICE FROM) A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL, SUCH AS YOUR PHYSICIAN OR CERTIFIED SPORT TRAINER SUCH AS A COACH, SPORT SCIENTIST OR PERFORMANCE EXPERT. SEEK PROFESSIONAL ADVICE BEFORE FOLLOWING ANY TRAINING INSTRUCTIONS YOU RECEIVE THROUGH THE DEVICE OR PARTICIPATING IN ANY EVENT ANNOUNCED THEREON. NOT ALL EXERCISES OR ACTIVITIES THAT MAY BE RELATED TO SPECIFIED ON THE LOSS DEVICE ARE SUITABLE FOR EVERYONE. 16.7. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE APP. YOU SHOULD UNDERSTAND THAT WHEN PARTICIPATING IN ANY PROFITSEXERCISE OR EXERCISE PROGRAM, GOODWILL, USE, DATA, THERE IS THE POSSIBILITY OF PERSONAL INJURY AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE DEATH. IF YOU THINK YOU MAY HAVE BEEN ADVISED OF A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. IF YOU FEEL DISCOMFORT OR PAIN, IMMEDIATELY STOP THE ACTIVITY CAUSING SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE DISCOMFORT OR INABILITY TO USE OUR SERVICEPAIN. b) 16.8. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICESRIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA16.9. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

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