Common use of Warranty of Functionality Clause in Contracts

Warranty of Functionality. iDONATEpro warrants that (i) the Service will achieve in all material respects the functionality described in the Help Documentation applicable to the Service procured by Customer, and (ii) such functionality of the Service will not be materially decreased during the Term. Customer’s sole and exclusive remedy for iDONATEpro’s breach of this warranty shall be that iDONATEpro shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the Help Documentation and if iDONATEpro is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and receive a pro- rata refund of the subscription fees paid under the Agreement for its use of the Service for the terminated portion of the Term. iDONATEpro shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to xxxxxxx@xXXXXXXxxx.xxx. The warranties set forth in this Section (3.1) are made to and for the benefit of Customer only. Such warranties shall only apply if the applicable Service has been utilized in accordance with the Help Documentation, this Agreement and applicable law.

Appears in 2 contracts

Samples: Idonatepro™ Terms and Conditions, Terms of Service Agreement

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Warranty of Functionality. iDONATEpro The Company warrants to Customer during the Term that (i) the Service Services will achieve in all material respects the functionality described on PrecisionLender's website or pursuant to an SOW for the functionality purchased by Customer under the Agreement and that such functionality will be maintained in the Help Documentation applicable all material respects in subsequent upgrades to the Service procured by Customer, and (ii) such functionality of the Service Services. Customer will not have any ability to review, refuse, delay or alter any upgrades to the Services that are applied to the Company’s other similar customers. The Company does not warrant that the Services will be materially decreased during the Termerror-free. Customer’s 's sole and exclusive remedy for iDONATEpro’s the Company's breach of this warranty shall be that iDONATEpro the Company shall be required to use commercially reasonable efforts to modify the Service Services to achieve in all material respects the material functionality described in the Help Documentation herein and if iDONATEpro the Company is unable to restore such functionality, Customer shall be entitled to terminate the portion of the Agreement relating to that functionality or the Agreement (as applicable) and shall be entitled to receive a pro- pro-rata refund of the subscription applicable license fees paid under the Agreement for its use of the Service for the terminated portion of the Term. iDONATEpro The Company shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to xxxxxxx@xXXXXXXxxx.xxxxxxxxxx@XxxxxxxxxXxxxxx.xxx. The warranties set forth in this Section (3.1) are This warranty is made to and for the benefit of Customer only. Such warranties , and shall only apply if the applicable Service has Services have been utilized used in accordance with the Help Documentation, this Agreement and applicable law.

Appears in 1 contract

Samples: support.precisionlender.com

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Warranty of Functionality. iDONATEpro Community360 warrants that that: (i) the Service will achieve in all material respects the functionality described in the Help Documentation User Guides applicable to the Service procured by Customer, and (ii) such functionality of the Service will not be materially decreased during the Termthen-current subscription term. Customer’s sole and exclusive remedy for iDONATEproCommunity360’s breach of this warranty shall be that iDONATEpro Community360 shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the Help Documentation User Guides and if iDONATEpro Community360 is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and receive a pro- pro-rata refund of the subscription fees paid under the Agreement for its use of the Service for the terminated portion of the Termthen-current subscription term. iDONATEpro Community360 shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to xxxxxxx@xXXXXXXxxx.xxxxxxxxxx@xxxxxxxxx000.xx. The warranties set forth in this Section (3.1) 9.1 are made to and for the benefit of Customer only. Such warranties shall only apply if the applicable Service has been utilized in accordance with the Help DocumentationUser Guides, this Agreement and applicable law.

Appears in 1 contract

Samples: Subscription Services Agreement

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