Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 17 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 11 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: YOUR USE OF THE SERVICE ACCOUNT FUNDING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ACCOUNT FUNDING SERVICES IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR ACCOUNT FUNDING SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT BASIS. EXCEPT AS OTHERWISE STATED HEREIN, COMPANY (AND ITS SERVICE PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE ACCOUNT FUNDING SERVICES AND ALL INFORMATION, EITHER PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ACCOUNT FUNDING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDPURPOSE AND NONINFRINGEMENT. VIASAT COMPANY AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR ITS SERVICE PROVIDERS AND SUPPLIERS MAKE NO WARRANTY THAT (I) THE SERVICE ACCOUNT FUNDING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ACCOUNT FUNDING SERVICES WILL BE ERROR UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, SECURE (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACCOUNT FUNDING SERVICES WILL BE ACCURATE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO RELIABLE, (IV) THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACCOUNT FUNDING SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INFORMATION ACCOUNT FUNDING SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR DESTRUCTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY HARDWARESUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ITS SERVICE PROVIDERS AND SUPPLIERS THROUGH OR FROM THE ACCOUNT FUNDING SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 15. LIMITATION OF LIABILITY THE FOREGOING SHALL CONSTITUTE COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL COMPANY OR ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF: (A) THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, FILES AND/OR DATA RESULTING FROM THE ACCOUNT FUNDING SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USE TRANSMISSIONS OR OTHER DATA, (C) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEBSITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION POSSIBILITY OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU SUCH DAMAGES; OR (VI) ANY OTHER MATTER RELATING TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWACCOUNT FUNDING SERVICES. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONsome of the above limitations may not apply to you.

Appears in 11 contracts

Samples: Agreement, Agreement, Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXCEPT FOR NCIT’S EXPRESS WARRANTIES SET FORTH IN SECTION 11.1, SECTION 11.2 AND VIASAT’S SUBSIDIARIES SECTION 11.3, ALL SERVICES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, NCIT MATERIALS ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDNCIT HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHER, WITHOUT LIMITATION, WARRANTIES OF TITLE OR AND NCIT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR OTHERWISETRADE PRACTICE. NCIT DOES NOT PROVIDE ANY INVESTMENT ADVISORY SERVICE, EXCEPT DUE DILIGENCE, BROKERAGE, FINANCIAL MANAGEMENT, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL SERVICE, AND ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH NCIT’S PRODUCTS AND SERVICES WILL BE USED BY LICENSEE AND ITS AUTHORIZED USERS SOLELY AT THEIR OWN RISK. WITHOUT LIMITING THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDFOREGOING, NCIT MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR NCIT MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. VIASAT ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN LICENSEE AND THE SERVICE WILL BE ERROR FREE, SECURE THIRD PARTY OWNER OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY DISTRIBUTOR OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHIRD PARTY MATERIALS.

Appears in 10 contracts

Samples: Software and Services License Agreement (Casa Shares Assets, LLC), Software and Services License Agreement (Ysmd, LLC), Software and Services License Agreement (Arrived STR 2, LLC)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER VIASAT AND NOR ANY OF VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS AND OR THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DO VIASAT NOR ANY AND ALL WARRANTIES OF VIASAT’S PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 8 contracts

Samples: greenhills.net, Customer Agreement, Customer Lease Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISKWARRANTIES CONTAINED IN THIS SECTION 6, JAGGAER MAKES NO WARRANTIES REGARDING THE JAGGAER APPLICATIONS AND SERVICES. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM JAGGAER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OTHER WARRANTIES, WHETHER EXPRESS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEIMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY PURPOSE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NONINFRINGEMENT. JAGGAER DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON JAGGAER APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN THE JAGGAER APPLICATIONS WILL BE CORRECTED, OR THAT THE JAGGAER APPLICATIONS AND SERVICES WILL MEET CLIENT’S PARTICULAR REQUIREMENTS OR EXPECTATIONS. JAGGAER DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION PROVIDED BY THIRD PARTIES. JAGGAER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES AND ANY OTHER PROBLEMS ARISING FROM CLIENT’S USE OF THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ELECTRONIC COMMUNICATIONS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWOTHER SYSTEMS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN JAGGAER AND CLIENT. JAGGAER’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONWARRANTIES SPECIFIED HEREIN.

Appears in 7 contracts

Samples: Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions, Master Subscription Agreement Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES LICENSEE ACKNOWLEDGES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES SOFTWARE IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS BASIS, WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OF ANY TYPE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER RCDEVS, HIS LICENSE PROVIDERS NOR COPYRIGHT HOLDERS PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. RCDEVS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIEDACCURACY OF DATA, INCLUDINGNON-INFRINGEMENT, WITHOUT LIMITATIONNON- INTERFERENCE, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO GUARANTEE FROM RCDEVS OR ANY OTHER PARTY EXISTS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY WITH THE LICENSEE’S REQUIREMENTS OR THAT THE SOFTWARE OPERATION WILL BE SMOOTH AND FREE OF ERRORS, ACCURACY OR COMPLETENESS COMPATIBLE WITH PRE-EXISTING EQUIPMENT OR SOFTWARE. THE LICENSEE ASSUMES FULL LIABILITY AND RISK FOR SELECTION OF INFORMATIONAL CONTENTTHE SOFTWARE TO ACHIEVE RESULTS INTENDED BY HIM AND FOR THE INSTALLATION, NON-INFRINGEMENT OR OTHERWISEUSE AND RESULTS THAT HE WILL ACHIEVE WITH THE SOFTWARE. THE LICENSEE ACKNOWLEDGES AND AGREES THAT AS SET OUT IN CLAUSES 2 ABOVE, EXCEPT INSTALLATION OF THE FOREGOING SHALL NOT APPLY IN STATES WHERE SOFTWARE MAY AFFECT THE OPERATION OF THE EQUIPMENT ON WHICH IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWINSTALLED. THE LIMITED LICENSEE ACKNOWLEDGES AND AGREES THAT RCDEVS UNDERTAKES WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSFOR ONLY THAT WITHIN THE EFFECT OF THIS AGREEMENT, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHE SOFTWARE WILL GENERALLY PROVIDE THE FUNCTIONS DETERMINED IN THE DOCUMENTATION.

Appears in 7 contracts

Samples: www.rcdevs.com, www.rcdevs.com, www.rcdevs.com

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS REPRESENTATIONS AND VIASAT’S SUBSIDIARIES WARRANTIES SET FORTH IN THE AGREEMENT (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA), AVEVA AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, DIRECTORS SHAREHOLDERSREPRESENTATIONS, EMPLOYEESOR STATEMENTS, AGENTSWHETHER EXPRESS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED IMPLIED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, STATUTORY INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, PURPOSE EXCEPT TO THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM EXTENT THAT ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL WARRANTIES IMPLIED BY LAW CANNOT BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDVALIDLY WAIVED. NO ORAL ADVICE OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIASAT AVEVA, ITS DEALERS, DISTRIBUTORS OR ANY OF VIASAT’S PARTNERS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY; NOR SHALL YOU WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO AVEVA DOES NOT WARRANT THAT THE ACCURACY OF ANY PRODUCTS OR SUPPORT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PRODUCTS OR SUPPORT SERVICES WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN AVEVA’S DOCUMENTATION (AS APPLICABLE), THAT THE OPERATION OF THE INFORMATION YOU OBTAIN THROUGH PRODUCTS OR SUPPORT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICEPRODUCTS OR SUPPORT SERVICES WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. VIASAT THE PRODUCTS OR SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE “AS AVAILABLE” BASIS AND MAY BE SUBJECT TO OR LOSS OR DESTRUCTION OF ANY HARDWARETRANSMISSION ERRORS, SOFTWAREDELIVERY FAILURES, FILES OR DATA RESULTING FROM YOUR DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, INTERNET AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONELECTRONIC COMMUNICATIONS.

Appears in 7 contracts

Samples: License Agreement, Legally Binding Agreement, Legally Binding Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE EXCEPT AS EXPLICITLY PROVIDED IN THIS MASTER AGREEMENT, THE SERVICES AND ANY EQUIPMENT PROVIDED UNDER THIS MASTER AGREEMENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. IN ADDITION, THE PARTIES ACKNOWLEDGE THAT USE OF GIVEN THE SERVICE IS AT YOUR SOLE RISK. VIASAT SERVICES (INCLUDING ANY EQUIPMENT) MAY DEPEND TO SOME EXTENT ON COMPANY, BPPR, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSSUBSIDIARIES’ OWN COMPUTER SYSTEMS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM EVERTEC DOES NOT MAKE ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY PURPOSE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISEINFRINGEMENT. FURTHERMORE, EVERTEC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EXCEPT THOSE MADE IN THIS MASTER AGREEMENT, A SERVICE ADDENDUM OR EXHIBIT C, WITH RESPECT TO LOSS OR CORRUPTION OF DATA, LOSS OR DAMAGE TO EQUIPMENT AND/OR SOFTWARE, SYSTEM RESPONSE TIMES, TELECOMMUNICATION LINES OR OTHER COMMUNICATION DEVICES, QUALITY, AVAILABILITY, RELIABILITY, SECURITY ACCESS DELAYS OR ACCESS INTERRUPTIONS, NOR COMPUTER VIRUSES, BUGS OR ERRORS. EVERTEC DOES NOT MAKE ANY WARRANTIES THAT THE FOREGOING SHALL SERVICES WILL NOT APPLY IN STATES WHERE IT IS PROHIBITEDBE INTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND EVERTEC ASSUMES NO RESPONSIBILITY OR LIABILITY IF TELECOMMUNICATION CARRIERS ARE NOT AVAILABLE AT ANY GIVEN TIME. VIASAT EVERTEC, ITS AFFILIATES, AND VIASAT’S PARTNERS THEIR RESPECTIVE REPRESENTATIVES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY REPRESENTATION LIABILITY FOR THE CONTENT OF ANY DATA OF COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES THAT IS TRANSFERRED EITHER TO OR WARRANTY THAT FROM COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES OR STORED BY COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES VIA THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDSERVICES PROVIDED BY EVERTEC. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL EVERTEC REPRESENTATIVES WILL CREATE A WARRANTY; NOR SHALL YOU MAY COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 7 contracts

Samples: Master Agreement, Master Agreement (EVERTEC, Inc.), Master Agreement (EVERTEC, Inc.)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASATNEITHER SERVICE PROVIDER, WILDBLUE NOR ANY OF WILDBLUE’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS AND OR THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DOES SERVICE PROVIDER, WILDBLUE NOR ANY AND ALL WARRANTIES OF THE PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT SERVICE PROVIDER AND VIASAT’S PARTNERS WILDBLUE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT SERVICE PROVIDER, WILDBLUE OR ANY OF VIASAT’S THE PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT WILDBLUE PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT SERVICE PROVIDER AND VIASAT’S PARTNERS WILDBLUE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT SERVICE PROVIDER AND VIASAT’S PARTNERS WILDBLUE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 6 contracts

Samples: Customer Agreement, Wildblue Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE EXCEPT AS OTHERWISE STATED IN SECTION 10 ABOVE, VENDOR DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSWILL BE SECURE, DIRECTORS SHAREHOLDERSTIMELY, EMPLOYEESUNINTERRUPED OR ERROR FREE, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES OR THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE UNINTERRUPTED CORRECTED OR ERROR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE AS WELL AS ANY AND ALL WARRANTIES AS TO OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE RESULTS TO BE OBTAINED FROM USE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY VENDOR OR THE OPERATION OF THE SERVICESERVICES WILL BE SECURE OR THAT VENDOR AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER’S CONFIDENTIAL INFORMATION, INCLUDING, WITHOUT LIMITATION, OR ANY MINIMUM UPLOAD ERRORS WILL BE CORRECTED OR DOWNLOAD SPEEDSANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE SERVICE WARRANTIES STATED IN SECTION 10 ABOVE ARE THE SOLE AND ANY ANCILLARY PRODUCTS EXCLUSIVE WARRANTIES OFFERED BY VENDOR. THERE ARE NO OTHER WARRANTIES OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THOSE OF TITLE MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED IN SECTION 10 ABOVE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEIS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, SECURE AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE SERVICE. VIASAT AND VIASATCUSTOMER’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPURPOSE.

Appears in 6 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY AGREE SET FORTH IN THIS AGREEMENT OR IN A SOW, OR ANOTHER WRITTEN AGREEMENT THAT USE OF THE SERVICE IS AT YOUR SOLE RISKEXPRESSLY SUPERSEDES THIS AGREEMENT, IMAGESOFT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY MAINTENANCE AND SUPPORT SERVICES, ANY SOFTWARE OR ANY UPGRADES AND ENHANCEMENTS PROVIDED UNDER THIS AGREEMENT. VIASAT IMAGESOFT DISCLAIMS AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM EXCLUDES ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY OTHER EXPRESS, IMPLIED AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND WARRANTIES THAT MAY ARISE OR COMPLETENESS BE DEEMED TO ARISE FROM ANY COURSE OF INFORMATIONAL CONTENTPERFORMANCE, NON-INFRINGEMENT COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. IMAGESOFT DOES NOT WARRANT THAT ANY MAINTENANCE AND SUPPORT SERVICES, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT SOFTWARE OR UPGRADES AND VIASATENHANCEMENTS PROVIDED WILL SATISFY CUSTOMER’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION REQUIREMENTS OR WARRANTY ARE WITHOUT DEFECT OR ERROR, OR THAT THE SERVICE OPERATION OF ANY SOFTWARE OR UPGRADES AND ENHANCEMENTS WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT UNINTERRUPTED. IMAGESOFT DOES NOT ASSUME ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR WITH RESPECT TO ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY THIRD PARTY HARDWARE, SOFTWAREFIRMWARE, FILES SOFTWARE OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSERVICES.

Appears in 5 contracts

Samples: System Maintenance Agreement, ’s Agreement, System Maintenance Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSEXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, DIRECTORS SHAREHOLDERSEHEALTH EXCHANGE MAKES NO OTHER WARRANTIES, EMPLOYEESEXPRESS OR IMPLIED, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED IN FACT OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES IN LAW AS TO ANY MATTER WITH RESPECT TO EHEALTH, THE RESULTS TO BE OBTAINED FROM USE OF EHEALTH EXCHANGE NETWORK, OR THE SERVICEGATEWAY SERVICES, INCLUDING, WITHOUT LIMITATION, TRAINING, DATA MANAGEMENT, AND SUPPORT. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, THERE IS NO WARRANTY THAT THE INFORMATION AVAILABLE THROUGH THE GATEWAY IS TRUE, COMPLETE, CORRECT, OR ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED. EHEALTH EXCHANGE SHALL HAVE NO LIABILITY WHATSOEVER FOR INFORMATION TRANSACTED THROUGH THE GATEWAY, INCLUDING WITHOUT LIMITATION ITS INTEGRITY AND QUALITY. EXCEPT AS SET FORTH HEREIN, EHEALTH EXCHANGE SPECIFICALLY DISCLAIMS ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDALL WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY FREEDOM FROM INFRINGEMENT AND ANY IMPLIED WARRANTIES ALLEGEDLY ARISING FROM TRADE USAGE OR COMPLETENESS COURSE OF INFORMATIONAL CONTENTDEALING. THE GATEWAY IS NOT AN ELECTRONIC HEALTH RECORD, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE NOR IS IT IS PROHIBITEDINTENDED TO REPLACE ANY OFFICIAL MEDICAL RECORDS MAINTAINED BY PARTICIPANT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO EHEALTH EXCHANGE DOES NOT WARRANT AND WILL NOT BE LIABLE FOR THE ACCURACY INTERPRETATION OF ANY OF THE INFORMATION YOU OBTAIN AVAILABLE THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER GATEWAY, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEGATEWAY BY PARTICIPANT, PARTICIPANT USERS OR PARTICIPANT UNAUTHORIZED USERS. SOME JURISDICTIONS DO NOT ALLOW ANY SUCH INTERPRETATIONS OR DECISIONS RESULTING THEREFROM ARE AT THE EXCLUSION SOLE RISK OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, PARTICIPANT AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPARTICIPANT USERS.

Appears in 5 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXCEPT AS OTHERWISE PROVIDED HEREIN, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR RESPECTIVE OFFICERSOWNERS, DIRECTORS SHAREHOLDERSDIRECTORS, EMPLOYEES, OFFICERS OR AGENTS, WHOLESALERSMAKE ANY EXPRESS OR IMPLIED WARRANTIES, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED REPRESENTATIONS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDSSERVICES. THE SERVICE WE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT INFRINGEMENT, WITH REGARD TO THE SERVICES DESCRIBED OR OTHERWISEPROVIDED. NEITHER WE NOR OUR VENDORS, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION INCLUDING OUR OR WARRANTY THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE SERVICE SERVICES WILL BE ERROR FREEUNINTERRUPTED, TIMELY, SECURE OR UNINTERRUPTED ERROR-FREE, OR OPERATE AT THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR PURPOSES OF THIS AGREEMENT, “VENDOR(S)” MEANS ANY MINIMUM SPEEDTHIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT. NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. Further Limitations of Our Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO ORAL ADVICE EVENT WILL WE OR WRITTEN INFORMATION GIVEN OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY VIASAT THE SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON GOD, NATURAL DISASTERS. FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS. OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY SUCH INFORMATION LIABILITY OF US OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CONTENT AVAILABLE ON THE INTERNETGREATEST EXTENT PERMITTED BY LAW, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE BUT SHALL, IN NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREEVENT, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONEXCEED ONE HUNDRED DOLLARS ($100.00).

Appears in 5 contracts

Samples: www.academybank.com, www.afbank.com, Deposit Account Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY AGREE SET FORTH IN THIS AGREEMENT: (a) SUBSCRIBER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE KONNEKTIVE OFFERINGS IS AT YOUR SOLE RISK. VIASAT SUBSCRIBER’S OWN RISK AND VIASATSUBSCRIBER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE KONNEKTIVE OFFERINGS MEET SUBSCRIBER’S SUBSIDIARIES REQUIREMENTS, AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”b) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU KONNEKTIVE OFFERINGS ARE DISTRIBUTED AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS BASIS, WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT. WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR COMPLETENESS CONTENT OF INFORMATIONAL CONTENTTHE KONNEKTIVE OFFERINGS, NON-INFRINGEMENT AND/OR OTHERWISEINFORMATION, EXCEPT PRODUCTS OR SERVICES AVAILABLE THROUGH THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEKONNEKTIVE OFFERINGS, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL ECONOMIC BENEFIT YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING MAY GAIN FROM YOUR USE OF THE SERVICEKONNEKTIVE OFFERINGS. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTIESWARRANTY, SO THE ABOVE EXCLUSION THIS DISCLAIMER MAY NOT APPLY TO YOU YOU. KONNEKTIVE MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES AS TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED LEVEL OF LEADS OR SIGNUPS GENERATED THAT SUBSCRIBER CAN EXPECT BY APPLICABLE LAW. ENTERING INTO THIS AGREEMENT AND SUBSCRIBING TO THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONKONNEKTIVE OFFERINGS.

Appears in 5 contracts

Samples: Service Agreement, End User License Agreement, End User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL INFORMATIONA L CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 4 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY SET FORTH HEREIN AND SUBJECT TO THE LIMITATIONS IN SECTION 8.08, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE SERVICES AND GE DIGITAL OFFERINGS ARE PROVIDED AS-IS AND “WITH ALL FAULTS”, THAT XXXXX XXXXXX ASSUMES ALL RISKS AND LIABILITY ARISING FROM OR RELATING TO ITS USE OF AND RELIANCE UPON THE SERVICE IS AT YOUR SOLE RISKSERVICES AND GE DIGITAL OFFERINGS AND GE DIGITAL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. VIASAT EXCEPT AS EXPRESSLY SET FORTH HEREIN, GE DIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND VIASAT’S SUBSIDIARIES WARRANTIES REGARDING THE SERVICES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSGE DIGITAL OFFERINGS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, WITHOUT LIMITATIONPERFORMANCE, WARRANTIES OF TITLE NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND XXXXX XXXXXX HEREBY ACKNOWLEDGE SUCH DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND SUBJECT TO THE LIMITATIONS IN SECTION 8.08, ACCURACY THE PARTIES ACKNOWLEDGE AND AGREE THAT XXXXX XXXXXX CONTENT IS PROVIDED AS-IS AND “WITH ALL FAULTS”, THAT GE DIGITAL ASSUMES ALL RISKS AND LIABILITY ARISING FROM OR COMPLETENESS RELATING TO ITS USE OF INFORMATIONAL AND RELIANCE UPON XXXXX XXXXXX CONTENT, NON-INFRINGEMENT EXCEPT FOR GE DIGITAL’S RELIANCE UPON THE XXXXX XXXXXX CONTENT TO MEET ITS OBLIGATIONS TO XXXXX XXXXXX, AND XXXXX XXXXXX MAKES NO REPRESENTATION OR OTHERWISEWARRANTY WITH RESPECT THERETO, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AS EXPRESSLY SET FORTH HEREIN, XXXXX XXXXXX HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM WARRANTIES REGARDING XXXXX XXXXXX CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEIN REGARD TO QUALITY, SECURE PERFORMANCE, NONINFRIGNEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE FITNESS FOR A WARRANTY; NOR SHALL YOU RELY ON ANY PARTICULAR PURPOSE AND GE DIGITAL HEREBY ACKNOWLEDGE SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONDISCLAIMER.

Appears in 4 contracts

Samples: Ge Digital Master Products and Services Agreement, Ge Digital Master Products and Services Agreement (BAKER HUGHES a GE Co LLC), Ge Digital Master Products and Services Agreement (Baker Hughes a GE Co)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISKWARRANTIES CONTAINED IN THIS SECTION 6, JAGGAER MAKES NO WARRANTIES REGARDING THE JAGGAER APPLICATIONS AND SERVICES. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM JAGGAER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OTHER WARRANTIES, WHETHER EXPRESS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEIMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL . JAGGAER DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON JAGGAER APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN THE JAGGAER APPLICATIONS WILL BE CORRECTED, OR THAT THE JAGGAER APPLICATIONS AND SERVICES WILL MEET CLIENT’S PARTICULAR REQUIREMENTS OR EXPECTATIONS. JAGGAER DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION PROVIDED BY THIRD PARTIES. JAGGAER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES AND ANY OTHER PROBLEMS ARISING FROM CLIENT’S USE OF THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ELECTRONIC COMMUNICATIONS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWOTHER SYSTEMS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN JAGGAER AND CLIENT. JAGGAER’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONWARRANTIES SPECIFIED HEREIN.

Appears in 4 contracts

Samples: Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY AGREE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE SYSTEM IS PROVIDED BY CONNECTANDSELL ON AN “AS IS” BASIS, AND CUSTOMER’S ACCESS TO AND/OR USE OF THE SERVICE SYSTEM IS AT YOUR ITS SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND CONNECTANDSELL EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR CONNECTANDSELL MAKES NO WARRANTY THAT THE SERVICE SYSTEM WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE SYSTEM WILL BE ERROR FREEUNINTERRUPTED, SECURE TIMELY OR UNINTERRUPTED OR OPERATE AT ERRORFREE, NOR DOES CONNECTANDSELL MAKE ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS WARRANTY AS TO THE CONTENT AVAILABLE ON RESULTS THAT MAY BE OBTAINED FROM THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT USE OF THE SYSTEM OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SYSTEM OR THAT ANY DEFECTS IN ANY SOFTWARE PROVIDED TO CUSTOMER WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE INFORMATION YOU OBTAIN THROUGH SYSTEM IS DONE AT THE SERVICE. VIASAT SOLE RISK OF CUSTOMER AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DESTRUCTION OF DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CONNECTANDSELL OR THROUGH THE SYSTEM SHALL CREATE ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONEXPRESSLY MADE HEREIN.

Appears in 4 contracts

Samples: Connectandsell Online Agreement, Connectandsell Online Agreement, Connectandsell Online Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE Neither Marconi nor any Seller makes any representations or warranties with respect to any projections, forecasts or forward-looking statements made available to Emerson or any Purchaser. There is no assurance that any projected or forecasted results will be achieved. EXCEPT TO THE EXTENT OF THE SERVICE IS AT YOUR SOLE RISKEXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE IV, THE SELLERS ARE SELLING THE ASSETS ON AN “AS IS, WHERE IS” BASIS, AND MARCONI AND THE SELLERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM NEITHER MARCONI NOR ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED SELLERS MAKE ANY REPRESENTATIONS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NO IMPLIED REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE RESULTS TO BE OBTAINED FROM USE OF FOREGOING, AND EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE IV, MARCONI AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, SELLERS DISCLAIM ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT AND ANY WARRANTY ARISING BY INDUSTRY CUSTOM OR OTHERWISECOURSE OF DEALING. EMERSON AND THE PURCHASERS ACKNOWLEDGE AND AGREE THAT THEY ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES, EXCEPT FOR THE FOREGOING SHALL NOT APPLY REPRESENTATIONS AND WARRANTIES CONTAINED IN STATES WHERE IT IS PROHIBITEDARTICLE IV. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEEmerson and the Purchasers acknowledge and agree that neither Marconi, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETany Seller, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREany of their respective Affiliates, SOFTWAREany of their respective representatives nor any other Person has made any representation or warranty, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESexpress or implied, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSas to the accuracy or completeness of any memoranda, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONcharts, summaries, schedules or other information heretofore made available by Marconi, any Seller, any of their respective Affiliates or their respective representatives to the Purchasers, any of their Affiliates or their representatives (including the presentations and related materials dated May 2004) or any information that is not included in this Agreement or the Schedules hereto or the Related Agreements, and neither Marconi, any Seller, any of their respective Affiliates, any of their respective representatives nor any other Person will have or be subject to any liability to the Purchasers, any of their Affiliates or their representatives resulting from the distribution of any such information to, or the use of any such information by, the Purchasers, any of their Affiliates or any of their agents, consultants, accountants, counsel or other representatives.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement (Marconi Corp PLC), Asset Purchase and Sale Agreement (Marconi Corp PLC), Asset Purchase and Sale Agreement (Telent PLC)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED APPRISS MAKES NO REPRESENTATIONS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT AND APPRISS EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. APPRISS DOES NOT WARRANT THAT: (a) THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; (b) ALL GATEWAY SERVICE ERRORS CAN BE ERROR CORRECTED; (c) THE GATEWAY SERVICE MEETS ALL OF LICENSEE’S BUSINESS REQUIREMENTS; OR (d) THE PMP DATA OR ANALYTICS ARE COMPLETE, ACCURATE OR ERROR-FREE, SECURE . LICENSEE ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. LICENSEE ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES LICENSEE’S REQUEST TO ACCESS PMP DATA OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASATREVOKES LICENSEE’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO PMP DATA, OR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. LICENSEE ACCEPTS THE CONTENT AVAILABLE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR PMP DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONON AN “AS IS” “AS AVAILABLE” BASIS.

Appears in 3 contracts

Samples: Gateway License Agreement, Gateway License Agreement, End User License Agreement

Disclaimer of Warranties. YOU USER EXPRESSLY AGREE AGREES THAT USE OF THE SERVICE TABNet SERVICES IS AT YOUR USER'S SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR TABNet SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT BASIS. TABNet DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. TABNet DOES NOT MAKE ANY WARRANTY THAT TABNet SERVICES WILL MEET USER'S REQUIREMENTS, OR THAT TABNet SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TABNet MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TABNet SERVICES OR AS TO THE ACCURACY OR COMPLETENESS RELIABILITY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT ANY INFORMATION OBTAINED THROUGH TABNet SERVICES. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR OTHERWISE, EXCEPT DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT USE OF TABNet SERVICES IS PROHIBITED. VIASAT AT USER'S OWN DISCRETION AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RISK AND THAT THE SERVICE USER WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DESTRUCTION OF DATA. TABNet DOES NOT MAKE ANY HARDWARE, SOFTWARE, FILES WARRANTY REGARDING ANY GOODS OR DATA RESULTING FROM YOUR SERVICES PURCHASED OR OBTAINED THROUGH TABNet SERVICES OR ANY TRANSACTIONS ENTERED INTO BY USE OF THE SERVICEOR THROUGH TABNet SERVICES. SOME JURISDICTIONS DO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TABNet OR THROUGH TABNet SERVICES SHALL CREATE ANY WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONEXPRESSLY MADE HEREIN.

Appears in 3 contracts

Samples: Mail Services Agreement (Critical Path Inc), Mail Services Agreement (Critical Path Inc), Email Services Agreement (Critical Path Inc)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OTHER THAN AS STATED IN SECTION 10A ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS THIRD PARTY LICENSORS MAKE NO OTHER WARRANTIES OR PROMISES, WHETHER EXPRESS OR IMPLIED, OR BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, ABOUT THE APPLICATION, THE EMBEDDED SOFTWARE OR ANY SERVICES PROVIDED HEREUNDER, AND PROVIDE THE APPLICATION AND SUPPORT SERVICES (IF ANY) “AS- IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFECTS OF SUCH APPLICATION (IF ANY) SHALL BE WITH CUSTOMER. THERE IS NO REPRESENTATION OR WARRANTY HEREIN AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OR AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT FOREGOING, COMPANY AND VIASATCOMPANY’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) LICENSORS DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS WITH RESPECT TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE APPLICATION AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF HEREUNDER, INCLUDING ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY ACCURACY, RELIABILITY OR COMPLETENESS OF INFORMATIONAL CONTENTDATA, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASATTHAT CUSTOMER’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEAPPLICATION WILL BE UNINTERUPTED, VIRUS-FREE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CUSTOMER ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED REPRESENTATIONS OR WARRANTIES ARE MADE BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONANY THIRD PARTY LICENSORS HEREIN.

Appears in 3 contracts

Samples: License Agreement, Washington Learning Source, K 12 Education Application License Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY AGREE THAT USE OF SET FORTH ABOVE, THE SERVICE IS AT YOUR SOLE RISK. VIASAT EQUIPMENT, PRODUCTS, AND VIASAT’S SUBSIDIARIES SERVICES DESCRIBED HEREIN AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, PROVIDED PURSUANT HERETO ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT hellospoke MAKES NO OTHER WARRANTIES OF ANY KINDAND DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDNONINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE NEITHER hellospoke NOR ITS VENDORS WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC LIABLE FOR UNAUTHORIZED ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAThellospoke’s OR CUSTOMER’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR ANY DAMAGE UNAUTHORIZED AC- CESS TO OR LOSS ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY HARDWAREOTHER METHOD, SOFTWARE, FILES REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF hellospoke’s OR DATA ITS VENDORS’ NEGLIGENCE. NEITHER hellospoke NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESMISUSE, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE ANYONE OTHER RIGHTS THAT VARY BY JURISDICTIONTHAN hellospoke.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Disclaimer of Warranties. DIGITAL WALLETS ARE PROVIDED TO YOU EXPRESSLY AGREE BY THE APPLICABLE DIGITAL WALLET PROVIDER AND OTHER THIRD PARTIES THAT SUPPORT SUCH DIGITAL WALLET PROVIDER, AND THE USE OF THE SERVICE ANY CARD IN A DIGITAL WALLET IS AT YOUR SOLE RISK. VIASAT WE NEITHER CONTROL NOR ENDORSE AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH ARE NEITHER RESPONSIBLE NOR LIABLE FOR: (I) ANY DIGITAL WALLET OR SERVICES PROVIDED BY ANY DIGITAL WALLET PROVIDER; (II) ANY ACT OR OMISSION OF A DIGITAL WALLET PROVIDER OR ANY PARTY SUPPORTING A DIGITAL WALLET OR ANY MERCHANT; (III) SUPPORTED DEVICES, INCLUDING THEIR RESPECTIVE OFFICERSOPERATION; OR (IV) ANY ACT OR OMISSION OF ANY OTHER THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, DIRECTORS SHAREHOLDERSCOMPLETENESS, EMPLOYEESRELIABILITY, AGENTSINTEGRITY, WHOLESALERSQUALITY, DEALERSLEGALITY, DISTRIBUTORSUSEFULNESS OR SAFETY OF ANY THIRD-PARTY INFORMATION, SUPPLIERSDIGITAL WALLET OR SUPPORTED DEVICE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, LICENSORS AND OR SERVICES PROVIDED OR PERFORMED BY ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER, OR ANY THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYPROVIDING SUPPORT FOR ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER WILL MEET YOUR REQUIREMENTS, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE OPERATION OR AVAILABILITY OF DIGITAL WALLETS OR SERVICES OF A DIGITAL WALLET PROVIDER WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ERROR-FREE, OR THAT DEFECTS IN THE DIGITAL WALLET OR WITH THE DIGITAL WALLET PROVIDER’S SERVICES OR PRODUCTS WILL BE CORRECTED. ACCESS TO, USE, AND MAINTENANCE OF YOUR CARD IN A DIGITAL WALLET WILL DEPEND ON YOUR SUPPORTED DEVICE PROVIDER, THE DIGITAL WALLET AND THE PAYMENT CARD NETWORKS AND MOBILE OPERATORS. WE DO NOT OPERATE OR CONTROL THE DIGITAL WALLET OR SUCH SUPPORTED DEVICES, PAYMENT CARD NETWORKS, OR MOBILE OPERATORS. WE WILL NOT BE LIABLE FOR ANY AND ALL WARRANTIES AS TO CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE RESULTS TO BE OBTAINED FROM USE FUNCTIONING OF THE ANY CARD WITH A DIGITAL WALLET OR DIGITAL WALLET SERVICE OR YOUR MOBILE SERVICE, INCLUDINGCOMMUNICATIONS, WITHOUT LIMITATIONNETWORK DELAYS, ANY MINIMUM UPLOAD LIMITATIONS ON YOUR MOBILE COVERAGE, SYSTEM OUTAGES, OR DOWNLOAD SPEEDSINTERRUPTIONS OF YOUR MOBILE CONNECTION. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY WE DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT RESPONSIBILITY FOR ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT DIGITAL WALLET OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON MOBILE SERVICE USED TO ACCESS, USE, OR MAINTAIN YOUR CARD IN ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONDIGITAL WALLET.

Appears in 3 contracts

Samples: Debit Cardholder Agreement, Debit Cardholder Agreement, Debit Cardholder Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE SYSTEM IS PROVIDED BY CONNECTANDSELL ON AN “AS IS” BASIS, AND CUSTOMER’S ACCESS TO AND/OR USE OF THE SERVICE SYSTEM IS AT YOUR ITS SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND CONNECTANDSELL EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR CONNECTANDSELL MAKES NO WARRANTY THAT THE SERVICE SYSTEM WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE SYSTEM WILL BE ERROR UNINTERRUPTED, TIMELY OR ERROR-FREE, SECURE OR UNINTERRUPTED OR OPERATE AT NOR DOES CONNECTANDSELL MAKE ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS WARRANTY AS TO THE CONTENT AVAILABLE ON RESULTS THAT MAY BE OBTAINED FROM THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT USE OF THE SYSTEM OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SYSTEM OR THAT ANY DEFECTS IN ANY SOFTWARE PROVIDED TO CUSTOMER WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE INFORMATION YOU OBTAIN THROUGH SYSTEM IS DONE AT THE SERVICE. VIASAT SOLE RISK OF CUSTOMER AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DESTRUCTION OF DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CONNECTANDSELL OR THROUGH THE SYSTEM SHALL CREATE ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONEXPRESSLY MADE HEREIN.

Appears in 3 contracts

Samples: Connectandsell Online Agreement, Online Agreement, Online Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE CLOUD SERVICES IS AT YOUR SOLE RISK. VIASAT CLOUD SERVICES ARE PROVIDED ON AN “AS IS” AND VIASAT’S SUBSIDIARIES “AS AVAILABLE” BASIS. ANY USE OF THE CLOUD SERVICES IS DONE AT YOUR OWN RISK AND AFFILIATES YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM USING THE CLOUD SERVICES. CLOUDCONTAINERS MAKES NO, AND EACH HERERBY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, ARISING FROM COURSE OF THEIR RESPECTIVE OFFICERSDEALING OR USAGE OF TRADE, DIRECTORS SHAREHOLDERSOR STATUTE, EMPLOYEESAS TO THE CLOUD SERVICES OR ANY MATTER WHATSOEVER. IN PARTICULAR, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, PURPOSE AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL ARE EXPRESSLY EXCLUDED. CLOUDCONTAINERS DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE OPERATION OF THE CLOUD SERVICES WILL BE COMPLETELY SECURE, ERROR FREEFREE OR UNINTERRUPTED, SECURE OR UNINTERRUPTED THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME ALL RISK OF DELAYS OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC INTERUPTIONS IN ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OR USE OF THE INFORMATION YOU OBTAIN THROUGH CLOUD SERVICES RESULTING FROM USE OF THE SERVICE. VIASAT INTERNET AND/OR TELECOMMUNICATIONS TO ACCESS THE CLOUD SERVICES, AND VIASAT’S PARTNERS CLOUDCONTAINERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO SUCH DELAYS OR LOSS INTERUPTION. 17. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL CLOUDCONTAINERS OR DESTRUCTION ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY HARDWAREKIND OR NATURE WHATSOEVER, SOFTWAREOR FOR COST OF PROCURMENT OF SUBSITUTE SERVICES, FILES ARISING OUT OF OR IN ANY WAY RELATED TO THIS TOS OR THE CLOUD SERVICES. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, LOST GOODWILL, LOST PROFITS, LOSS OF DATA RESULTING FROM YOUR USE OR SOFTWARE OR WORK STOPPAGE, REGARDLESS OF THE SERVICELEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF CLOUDCONTAINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS TOS. SOME JURISDICTIONS DO NOT ALLOW CLOUDCONTAINERS’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS TOS OR THE EXCLUSION OF IMPLIED WARRANTIESCLOUD SERVICES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWAMOUNT YOU PAID TO CLOUDCONTAINERS DIRECTLY ATTRIBUTABLE TO THE CLOUDCONTAINERS CLOUD SERVICE PROVIDED UNDER THIS TOS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY UNDER THIS TOS. CLOUDCONTAINERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CUSTOMER DATA OR THIRD PARTY SOFTWARE. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSFOREGOING LIMITATION OF LIABILITY IS INDEPENDENT OF, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSHALL NOT BE DEEMED TO MODIFY CLOUDCONTAINERS’S OBLIGATION UNDER ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY SET FORTH IN THIS TOS.

Appears in 3 contracts

Samples: my.cloudcontainers.net, my.cloudcontainers.net, version2.sendyoursecret.today

Disclaimer of Warranties. YOU EXPRESSLY AGREE EXCEPT AS OTHERWISE STATED IN THIS ARTICLE, THE LICENSOR DOES NOT REPRESENT THAT CLIENT’S USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT LOCALSOLVER AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED SECURE, TIMELY, UNINTERRUPED OR ERROR FREE, OR THAT LOCALSOLVER OR SERVICE WILL MEET CLIENT REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES LOCALSOLVER OR SERVICE AVAILABLE WILL BE FREE AS WELL AS OF VIRUSES OR OTHER HARMFUL COMPONENTS OR LOCALSOLVER OR SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY THE LICENSOR OR THE OPERATION OF LOCALSOLVER OR SERVICES WILL BE SECURE OR THAT THE LICENSOR AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CLIENT DATA OR CLIENT’S CONFIDENTIAL INFORMATION, OR ANY AND ALL WARRANTIES AS TO THE RESULTS TO ERRORS WILL BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CORRECTED OR ANY MINIMUM UPLOAD STORED CLIENT DATA WILL BE ACCURATE OR DOWNLOAD SPEEDSRELIABLE. THE SERVICE WARRANTIES STATED IN THIS ARTICLE ARE THE SOLE AND ANY ANCILLARY PRODUCTS EXCLUSIVE WARRANTIES OFFERED BY THE LICENSOR. THERE ARE NO OTHER WARRANTIES OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THOSE OF TITLE MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED HEREIN, ACCURACY LOCALSOLVER AND SERVICE IS PROVIDED TO CLIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS SOLELY FOR USE AS INDICATED ABOVE. CLIENT ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER LOCALSOLVER AND SERVICE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT THE INFORMATION GENERATED THEREBY IS ACCURATE OR OTHERWISE, EXCEPT SUFFICIENT FOR THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDCLIENT’S PURPOSE. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM CLIENT ASSUMES ALL RESPONSIBILITY FOR ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE DECISION TAKEN BASED ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT RESULTS OBTAINED WITH THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISKRISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IN USING THE SERVICE IS WITH YOU. VIASAT YOU ACKNOWLEDGE AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES AGREE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT BASIS. EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED IN THESE TERMS, NEITHER THE SERVICE NOR THE ANY THIRD PARTY SERVICE PROVIDER NOR YOUR FINANCIAL INSTITUTION IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN, OR ANY INFORMATION RESULTING FROM, YOUR USE OF THE SERVICE. NEITHER THE SERVICE NOR ANY THIRD PARTY SERVICE PROVIDER NOR YOUR FINANCIAL INSTITUTION MAKES ANY WARRANTIES OF ANY KINDAND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE SERVICE INCLUDING THE WARRANTY OF TITLE OR AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT SERVICE AND VIASAT’S PARTNERS EXPRESSLY YOUR FINANCIAL INSTITUTION UNION DISCLAIM ANY REPRESENTATION WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, SECURE CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR UNINTERRUPTED TELECOMMUNICATION LINES OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL CIRCUITS AND YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS HEREBY ASSUME ALL RISKS RELATING TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEFOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSION LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWYOU. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSWe shall not be responsible for your acts or omissions in using the Service nor the acts or omissions of any other person or entity, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONincluding without limitation, any Federal Reserve financial institution, automated clearing house or transmission, information or communications facility, any receiver, beneficiary, intermediary financial institution or receiving depository financial institution and no such person shall be deemed to be an agent of the Service.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Disclaimer of Warranties. YOU 5.1 EXCEPT FOR THE WARRANTIES PROVIDED BY HYLAND AS EXPRESSLY AGREE THAT USE SET FORTH IN THE SCHEDULES MADE PART OF THE THIS AGREEMENT, HYLAND AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SOFTWARE, HYLAND CLOUD SERVICE IS AT YOUR SOLE RISK(INCLUDING ANY SOFTWARE OR HARDWARE), ADD-ON SERVICES, WORK PRODUCTS, INNOVATIONS, INFORMATION, MAINTENANCE AND SUPPORT, PROFESSIONAL SERVICES OR ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT OR ANY SERVICES PROPOSAL. VIASAT HYLAND AND VIASAT’S SUBSIDIARIES ITS SUPPLIERS DISCLAIM AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM EXCLUDE ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY OTHER EXPRESS, IMPLIED AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND WARRANTIES THAT MAY ARISE OR COMPLETENESS BE DEEMED TO ARISE FROM ANY COURSE OF INFORMATIONAL CONTENTPERFORMANCE, NON-INFRINGEMENT COURSE OF DEALING OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDUSAGE OF TRADE. VIASAT HYLAND AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND ITS SUPPLIERS DO NOT WARRANT THAT ANY MAINTENANCE AND SUPPORT, HYLAND CLOUD SERVICE, ADD-ON SERVICES, PROFESSIONAL SERVICES, SOFTWARE OR WORK PRODUCTS PROVIDED WILL SATISFY CUSTOMER’S REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR, OR THAT THE ACCURACY OPERATION OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SOFTWARE, HYLAND CLOUD SERVICE, ADD-ON SERVICES, OR ANY WORK PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, HYLAND DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR WITH RESPECT TO ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY THIRD PARTY HARDWARE, SOFTWAREFIRMWARE, FILES SOFTWARE OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSERVICES.

Appears in 3 contracts

Samples: Hyland Master Agreement, Hyland Master Agreement, Hyland Saas Agreement

Disclaimer of Warranties. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DIGITAL WALLET IS BEING PROVIDED TO YOU BY THE APPLICABLE DIGITAL WALLET PROVIDER AND OTHER THIRD PARTIES THAT SUPPORT SUCH DIGITAL WALLET PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE ANY CARD IN A DIGITAL WALLET IS AT YOUR SOLE RISK. VIASAT YOU UNDERSTAND THAT WE NEITHER CONTROL NOR ENDORSE, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH ARE NEITHER RESPONSIBLE NOR LIABLE FOR: (A) ANY DIGITAL WALLET OR SERVICES PROVIDED BY ANY DIGITAL WALLET PROVIDER; (B) ANY ACT OR OMISSION OF A DIGITAL WALLET PROVIDER OR ANY PARTY SUPPORTING A DIGITAL WALLET OR ANY MERCHANT; (C) SUPPORTED DEVICES, INCLUDING THEIR RESPECTIVE OFFICERSOPERATION; OR (D) ANY ACT OR OMISSION OF ANY OTHER THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, DIRECTORS SHAREHOLDERSCOMPLETENESS, EMPLOYEESRELIABILITY, AGENTSINTEGRITY, WHOLESALERSQUALITY, DEALERSLEGALITY, DISTRIBUTORS, SUPPLIERS, LICENSORS AND USEFULNESS OR SAFETY OF ANY THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES INFORMATION OR DIGITAL WALLET. WE DO NOT WARRANT THAT THE SERVICE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED OR PERFORMED BY ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER (INCLUDING ANY THIRD PARTY PROVIDING SUPPORT FOR ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF DIGITAL WALLET OR SERVICES OF A DIGITAL WALLET PROVIDER WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ERROR-FREE, OR THAT DEFECTS IN THE DIGITAL WALLET OR WITH THE DIGITAL WALLET PROVIDER’S SERVICES OR PRODUCTS WILL BE CORRECTED. ACCESS, USE AND MAINTENANCE OF YOUR CARD IN A DIGITAL WALLET WILL DEPEND ON THE DIGITAL WALLET AND THE PAYMENT CARD NETWORKS AND WIRELESS CARRIERS. WE DO NOT OPERATE OR CONTROL THE DIGITAL WALLET OR SUCH PAYMENT CARD NETWORKS OR WIRELESS CARRIERS. WE WILL NOT BE LIABILE FOR ANY AND ALL WARRANTIES AS CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD WITH A DIGITAL WALLET OR DIGITAL WALLET SERVICE OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON YOUR WIRELESS COVERAGE, SYSTEM OUTAGES OR INTERRPUPTIONS OF YOUR WIRELESS CONNECTION. WE DISCLAIM ANY RESPONSIBILITY FOR ANY DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO THE RESULTS TO BE OBTAINED FROM ACCESS, USE OR MAINTAIN YOUR CARD IN ANY DIGITAL WALLET. USE OF YOUR CARD WITH A DIGITAL WALLET INVOLVES THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ELECTRONIC TRANSMISSION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NONPERSONAL INFORMATION THROUGH THIRD-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICEPARTY CONNECTIONS. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND WE DO NOT WARRANT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE ACCURACY PRIVACY OR SECURITY OF ANY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE’S BROWSER IS GENERALLY PRE- CONFIGURED BY YOUR WIRELESS CARRIER. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM US OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE, IN OUR SOLE DISCRETION, SELECT. WE MAKE NO GUARANTEES ABOUT THE INFORMATION YOU OBTAIN THROUGH SHOWN IN THE SERVICE. VIASAT DIGITAL WALLET SOFTWARE OR HARDWARE IT CONTAINS AND VIASAT’S PARTNERS SHALL HAVE MAKE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREREPRESENTATIONS, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO OR GUARANTEES REGARDING THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSAME.

Appears in 3 contracts

Samples: b9prodaccount.blob.core.windows.net, b9prodaccount.blob.core.windows.net, b9prodaccount.blob.core.windows.net

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT T-MOBILE, ITS AFFILIATES, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERSDIRECTORS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS EMPLOYEES AND THIRD PARTY CONTENT PROVIDERS AGENTS (COLLECTIVELY, “VIASAT’S PARTNERST-MOBILE PARTIES”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED MAKE NO REPRESENTATIONS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEWARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS . ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISETHE SERVICE AND PRODUCTS, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM FOR ANY REPRESENTATION OR WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED BY THE SERVICE WILL BE ERROR FREEMANUFACTURER WITH THE PRODUCTS OR IF CUSTOMER RECEIVED A WRITTEN “T-MOBILE LIMITED WARRANTY” WITH A PRODUCT. ANY STATEMENTS MADE IN PACKAGING, SECURE MANUALS OR UNINTERRUPTED OTHER DOCUMENTS, OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASATT-MOBILE’S PARTNERS SHALL CREATE AGENTS (EXCEPT FOR THE “T-MOBILE LIMITED WARRANTY”), ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY T-MOBILE PARTIES. T-MOBILE PARTIES DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY; NOR SHALL YOU WARRANTY OF ANY KIND ON THEIR BEHALF AND CUSTOMER WILL NOT RELY ON ANY SUCH INFORMATION STATEMENT. T-MOBILE PARTIES DO NOT WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND SERVICES AVAILABLE THROUGH THE SERVICE OR ADVICEPRODUCT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS T-MOBILE PARTIES DO NOT GUARANTEE THAT CUSTOMER’S COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO THE CONTENT AVAILABLE ON INTERCEPT CUSTOMER COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING VIRUS AND OTHER INTERNET SECURITY PROTECTIONS WHEN ACCESSING THE INTERNET, VIASAT SERVICES AND VIASAT’S PARTNERS CANNOT THIRD-PARTY PRODUCTS AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICESERVICES. SOME JURISDICTIONS DO NOT ALLOW STATES MAY LIMIT THE EXCLUSION DISCLAIMER OF IMPLIED WARRANTIES, SO CERTAIN REMEDIES AND THE ABOVE EXCLUSION MAY NOT APPLY TO YOU FOREGOING APPLIES TO THE MAXIMUM EXTENT SUCH EXCLUSION IS NOT ALLOWED PERMITTED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Standard Government Terms And, Standard Government Terms And

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS REPRESENTATIONS AND VIASAT’S SUBSIDIARIES WARRANTIES SET FORTH IN THE AGREEMENT, AVEVA AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, DIRECTORS SHAREHOLDERSREPRESENTATIONS, EMPLOYEESOR STATEMENTS, AGENTSWHETHER EXPRESS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED IMPLIED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, STATUTORY INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, PURPOSE EXCEPT TO THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM EXTENT THAT ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL WARRANTIES IMPLIED BY LAW CANNOT BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDVALIDLY WAIVED. NO ORAL ADVICE OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIASAT AVEVA, ITS DEALERS, DISTRIBUTORS OR ANY OF VIASAT’S PARTNERS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY; NOR SHALL YOU WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO AVEVA DOES NOT WARRANT THAT THE ACCURACY OF ANY PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PRODUCTS WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN AVEVA’S DOCUMENTATION (AS APPLICABLE), THAT THE OPERATION OF THE INFORMATION YOU OBTAIN THROUGH PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICEPRODUCTS WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. VIASAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE “AS AVAILABLE” BASIS AND MAY BE SUBJECT TO OR LOSS OR DESTRUCTION OF ANY HARDWARETRANSMISSION ERRORS, SOFTWAREDELIVERY FAILURES, FILES OR DATA RESULTING FROM YOUR DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, INTERNET AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONELECTRONIC COMMUNICATIONS.

Appears in 2 contracts

Samples: Legally Binding Agreement, Legally Binding Agreement

Disclaimer of Warranties. o NEITHER MANITOWOC NOR ANY SERVICE PROVIDER HAS MADE, OR SHALL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE CraneSTAR SYSTEM OR THE SERVICES PROVIDED IN CONNECTION THEREWITH. MANITOWOC AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM, AND YOU EXPRESSLY AGREE THAT USE WAIVE, RELEASE AND RENOUNCE, ALL WARRANTIES OF MANITOWOC AND THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSPROVIDERS ARISING BY LAW OR OTHERWISE REGARDING THIS AGREEMENT, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED CraneSTAR SYSTEM OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICESERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: (A) ANY MINIMUM UPLOAD IMPLIED WARRANTY OF MERCHANTABILITY OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, ACCURACY COURSE OF DEALING OR COMPLETENESS USAGE OF INFORMATIONAL CONTENTTRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, NON-INFRINGEMENT AVAILABILITY OR OTHERWISECONTENT OF THE CraneSTAR SYSTEM OR THE SERVICES TO BE PROVIDED BY MANITOWOC OR THE SERVICE PROVIDERS USING THE CraneSTAR SYSTEM; AND (D) ANY WARRANTY UNDER ANY THEORY OF LAW, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY THAT BY MANITOWOC OR THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPROVIDERS.

Appears in 2 contracts

Samples: Agreement, Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE SUBJECT TO ANY APPLICABLE “COUNTRY SPECIFIC TERMS” SET OUT BELOW TABLE 1 IN THIS CONTRACT FOR CUSTOMER’S CONTRACT JURISDICTION AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TELEMATIC SERVICES AND TELEMATIC SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS, OR ANY OF THEIR AFFILIATES HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO JOHN DEERE’S OR THE SERVICE IS AT YOUR SOLE RISKUNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR THE TELEMATIC SERVICES. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF XXXX DEERE AND ITS AFFILIATES, AND THE UNDERLYING WIRELESS PROVIDERS AND THEIR RESPECTIVE OFFICERSAFFILIATES EXPRESSLY DISCLAIMS, DIRECTORS SHAREHOLDERSAND CUSTOMER EXPRESSLY WAIVES, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS RELEASES AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND RENOUNCES ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED ARISING IN LAW OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEOTHERWISE, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: (A) ANY MINIMUM UPLOAD IMPLIED WARRANTY OF MERCHANTABILITY OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COMPLETENESS USAGE OF INFORMATIONAL CONTENTTRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, NON-INFRINGEMENT AVAILABILITY OR OTHERWISECONTENT OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDER’S SYSTEM, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM TELEMATIC SERVICES OR ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN OTHER SERVICES PROVIDED BY VIASAT JOHN DEERE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION ITS AFFILIATES, OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF UNDERLYING WIRELESS PROVIDERS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICETHEIR AFFILIATES USING ANY UNDERLYING WIRELESS PROVIDER’S SYSTEM; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER REPRESENTATION OR OTHER AFFIRMATION OF FACT. INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREUSE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION THAT IS NOT ALLOWED CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSJOHN DEERE OR ANY OF ITS AFFILIATES, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONOR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES.

Appears in 2 contracts

Samples: Deere Telematic Subscription Contract, Deere Telematic Subscription Contract

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR IN WARRANTY DOCUMENTATION DELIVERED WITH THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSDELIVERABLES, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ENTRUST DISCLAIMS ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY WARRANTIES, EXPRESS AND ALL WARRANTIES AS IMPLIED, WITH REGARD TO THE RESULTS DELIVERABLES PROVIDED TO BE OBTAINED FROM USE OF THE SERVICECUSTOMER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY MINIMUM UPLOAD IMPLIED WARRANTY OF MERCHANTABILITY OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS PURPOSE AND NONINFRINGEMENT OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ENTRUST DOES NOT GUARANTEE THAT (A) THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE SERVICES WILL BE ERROR FREEPERFORMED ERROR-FREE OR UNINTERRUPTED, SECURE OR UNINTERRUPTED THAT ENTRUST WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S CONTENT OR OPERATE AT CUSTOMER’S APPLICATIONS, OR WITH ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OTHER HARDWARE, SOFTWARE, FILES SYSTEMS OR DATA NOT PROVIDED BY ENTRUST, AND (C) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. CUSTOMER ACKNOWLEDGES THAT ENTRUST DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ENTRUST IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM YOUR USE SUCH PROBLEMS. ENTRUST IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESSERVICES THAT ARISE FROM CUSTOMER’S CONTENT, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONCUSTOMER’S APPLICATIONS OR THIRD PARTY CONTENT.

Appears in 2 contracts

Samples: www.entrust.com, www.entrust.com

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT GLAA AND THE GLAA SERVICE PARTNERS PROVIDE THE GLAA PLATFORM AND ALL RELATED SERVICES TO DEALER/VENDOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO DEALER’S AND/OR AUTHORIZED USER’S ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE GLAAPLATFORM AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF RELATED SERVICES, INCLUDING ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY NON‐INFRINGEMENT OR COMPLETENESS ANY WARRANTIES THAT MAY BE CREATED THROUGH COURSE OF INFORMATIONAL CONTENTDEALING OR USAGE OF TRADE. DEALER UNDERSTANDS THAT THERE MAY BE INTERRUPTIONS, NON-INFRINGEMENT DELAYS, INACCURACIES, OMISSIONS, OR OTHERWISEOTHER PROBLEMS WITH THE GLAA PLATFORM, EXCEPT INFORMATION OR VEHICLE LISTINGS PUBLISHED ON THE FOREGOING SHALL GLAA PLATFORM, WHICH GLAA RESERVES THE RIGHT TO CHANGE OR UPDATE AT ANY TIME WITHOUT PRIOR NOTICE, AND THAT GLAA WILL NOT APPLY IN STATES WHERE IT IS PROHIBITEDBE LIABLE TO DEALER, AUTHORIZED USERS OR TO ANY THIRD PARTY THEREFOR. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY GLAA DOES NOT WARRANT THAT THE SERVICE GLAA PLATFORM WILL BE ERROR FREE, SECURE CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR UNINTERRUPTED OTHER HARMFUL COMPONENTS OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT MEET DEALER’S, CONSUMER’S OR ANY OF VIASATTHIRD PARTY’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONREQUIREMENTS.

Appears in 2 contracts

Samples: Terms and Conditions of Services, Terms and Conditions of Services

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, PROVIDED UNDER THIS AGREEMENT, THE SERVICE IS AT YOUR SOLE RISKAGREEMENT OR ANY OTHER SERVICE ADDENDA, ARE PROVIDED ON AN “AS IS”, AS “AVAILABLE”. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH THE BANK DOES NOT OFFER ANY WARRANTIES, OF THEIR RESPECTIVE OFFICERSANY KIND, DIRECTORS SHAREHOLDERSEITHER EXPLICIT OR IMPLICIT, EMPLOYEESINCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, AGENTSQUIET ENJOYMENT, WHOLESALERSQUIET POSSESSION, DEALERSMERCHANTABILITY, DISTRIBUTORSOR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, SUPPLIERSTHE BANK DOES NOT OFFER ANY WARRANTIES OF ANY KIND WITH RESPECT TO LOSS OR CORRUPTION OF DATA, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYLOSS OR DAMAGE TO EQUIPMENT AND/ OR SOFTWARE, “VIASAT’S PARTNERS”) DISCLAIM SYSTEM RESPONSE TIMES, TELECOMMUNICATION LINES, OR OTHER COMMUNICATION DEVICES, QUALITY, AVAILABILITY, RELIABILITY, SECURITY ACCESS DELAYS OR ACCESS INTERRUPTIONS, COMPUTER VIRUSES, BUGS, OR ERRORS. THE BANK DOES NOT OFFER ANY AND ALL WARRANTIES WARRANTY THAT THE SERVICE SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES FREE; OR AS TO THE RESULTS TO BE THAT MAY DE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDSSERVICES. THE SERVICE BANK ASSUMES NO RESPONSIBILITY OR LIABILITY IF TELECOMMUNICATION CARRIERS ARE NOT AVAILABLE AT ANY GIVEN TIME. THE BANK, IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY ANCILLARY PRODUCTS LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU, OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT BY THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDBANK. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL THE BANK REPRESENTATIVES WILL CREATE A WARRANTY; NOR SHALL YOU MAY RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONThe terms established in this paragraph will survive any termination of this Agreement.

Appears in 2 contracts

Samples: Deposit Accounts Agreement, Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. CLARIS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. CLARIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. (B) THE SERVICE WILL BE AVAILABLE 24/7, AND YOU AGREE THAT FROM TIME TO TIME CLARIS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. CLARIS DOES NOT GUARANTEE NETWORK AVAILABILITY AND WILL NOT BE LIABLE FOR ANY ANCILLARY PRODUCTS DOWNTIME THAT YOU OR SERVICES YOUR USERS EXPERIENCE AS A RESULT OF NETWORK CONNECTIVITY ISSUES OR OTHERWISE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ” BASIS. CLARIS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT INFRINGEMENT. IN PARTICULAR, CLARIS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR OTHERWISE, EXCEPT ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE FOREGOING SHALL SERVICE WILL BE ACCURATE OR RELIABLE; (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED; OR (V) THE SERVICE COMPLIES WITH ALL APPLICABLE LAWS. CLARIS DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION REPRESENT OR WARRANTY GUARANTEE THAT THE SERVICE WILL BE ERROR FREEFREE FROM LOSS, SECURE CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR UNINTERRUPTED OTHER SECURITY INTRUSION, AND CLARIS DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO OTHERWISE OBTAINED THROUGH THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY USE OF THE INFORMATION SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OR DESTRUCTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION SERVICE IS NOT ALLOWED INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSSERVICE COULD LEAD TO DEATH, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 2 contracts

Samples: Legal Agreement, Claris Connect Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEESNEITHER SERVICE PROVIDER, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORSEMPLOYEES, SUPPLIERS, LICENSORS AND OR THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DOES SERVICE PROVIDER, MAKE ANY AND ALL WARRANTIES WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS SERVICE PROVIDER EXPRESSLY DISCLAIM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SERVICE PROVIDER, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT WCEC PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS SERVICE PROVIDER CANNOT AND DO DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT SERVICE PROVIDER AND VIASAT’S PARTNERS WIREHAND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Wirehand Customer Agreement, Wirehand

Disclaimer of Warranties. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DIGITAL WALLET IS BEING PROVIDED TO YOU BY THE APPLICABLE DIGITAL WALLET PROVIDER AND OTHER THIRD PARTIES THAT SUPPORT SUCH DIGITAL WALLET PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE ANY CARD IN A DIGITAL WALLET IS AT YOUR SOLE RISK. VIASAT YOU UNDERSTAND THAT WE NEITHER CONTROL NOR ENDORSE, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH ARE NEITHER RESPONSIBLE NOR LIABLE FOR: (A) ANY DIGITAL WALLET OR SERVICES PROVIDED BY ANY DIGITAL WALLET PROVIDER; (B) ANY ACT OR OMISSION OF A DIGITAL WALLET PROVIDER OR ANY PARTY SUPPORTING A DIGITAL WALLET OR ANY MERCHANT; (C) SUPPORTED DEVICES, INCLUDING THEIR RESPECTIVE OFFICERSOPERATION; OR (D) ANY ACT OR OMISSION OF ANY OTHER THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, DIRECTORS SHAREHOLDERSCOMPLETENESS, EMPLOYEESRELIABILITY, AGENTSINTEGRITY, WHOLESALERSQUALITY, DEALERSLEGALITY, DISTRIBUTORSUSEFULNESS OR SAFETY OF ANY THIRD-PARTY INFORMATION OR DIGITAL WALLET. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, SUPPLIERS, LICENSORS AND OR SERVICES PROVIDED OR PERFORMED BY ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER (INCLUDING ANY THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYPROVIDING SUPPORT FOR ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER) WILL MEET YOUR REQUIREMENTS, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE OPERATION OR AVAILABILITY OF DIGITAL WALLET OR SERVICES OF A DIGITAL WALLET PROVIDER WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ERROR-FREE, OR THAT DEFECTS IN THE DIGITAL WALLET OR WITH THE DIGITAL WALLET PROVIDER’S SERVICES OR PRODUCTS WILL BE CORRECTED. ACCESS, USE AND MAINTENANCE OF YOUR CARD IN A DIGITAL WALLET WILL DEPEND ON THE DIGITAL WALLET AND THE PAYMENT CARD NETWORKS AND WIRELESS CARRIERS. WE DO NOT OPERATE OR CONTROL THE DIGITAL WALLET OR SUCH PAYMENT CARD NETWORKS OR WIRELESS CARRIERS. WE WILL NOT BE LIABILE FOR ANY AND ALL WARRANTIES AS CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD WITH A DIGITAL WALLET OR DIGITAL WALLET SERVICE OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON YOUR WIRELESS COVERAGE, SYSTEM OUTAGES OR INTERRPUPTIONS OF YOUR WIRELESS CONNECTION. WE DISCLAIM ANY RESPONSIBILITY FOR ANY DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO THE RESULTS TO BE OBTAINED FROM ACCESS, USE OR MAINTAIN YOUR CARD IN ANY DIGITAL WALLET. USE OF YOUR CARD WITH A DIGITAL WALLET INVOLVES THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ELECTRONIC TRANSMISSION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NONPERSONAL INFORMATION THROUGH THIRD-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICEPARTY CONNECTIONS. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND WE DO NOT WARRANT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE ACCURACY PRIVACY OR SECURITY OF ANY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE’S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM US OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE, IN OUR SOLE DISCRETION, SELECT. WE MAKE NO GUARANTEES ABOUT THE INFORMATION YOU OBTAIN THROUGH SHOWN IN THE SERVICE. VIASAT DIGITAL WALLET SOFTWARE OR HARDWARE IT CONTAINS AND VIASAT’S PARTNERS SHALL HAVE MAKE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREREPRESENTATIONS, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO OR GUARANTEES REGARDING THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSAME.

Appears in 2 contracts

Samples: public.tokenizer-s.mbanq.cloud, tokenizer.cc

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF TO THE SERVICE IS AT YOUR SOLE RISK. VIASAT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND VIASAT’S SUBSIDIARIES EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 18 ABOVE, ALL PRODUCTS, SERVICES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND INTELLECTUAL PROPERTY PROVIDED THROUGH OR IN CONNECTION WITH SERVICES (INCLUDING THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYMATERIALS, “VIASAT’S PARTNERS”SOFTWARE AND SERVICES) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS ARE PROVIDED TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED BUYER ON AN "AS IS" AND "AS AVAILABLE" BASIS BASIS, WITHOUT WARRANTIES WARRANTY OF ANY KINDKIND (ALL OF WHICH ARE HEREBY DISCLAIMED), EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY TITLE, OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT INFRINGEMENT, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR OTHERWISE, EXCEPT USAGE OF TRADE. TO THE FOREGOING SHALL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SELLER DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE FUNCTIONS CONTAINED IN THE SERVICES INCLUDING THE GOAT MOBILE APPLICATION AND PLATFORM WILL MEET BUYER’S OR ANY CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE GOAT SERVICES OR GOAT MOBILE APPLICATION AND PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, SECURE . CONTENT AND ANALYSES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SELLER HAS NOT MADE ANY CLAIMS OR UNINTERRUPTED REPRESENTATIONS OF GUARANTEED OR OPERATE AT ANTICIPATED PROFITS THAT MAY RESULT FROM THE USE OF SERVICES AND SELLER EXPRESSLY DISCLAIMS LIABILITY FOR ANY MINIMUM SPEEDPROFIT PROJECTIONS WHICH MAY HAVE BEEN PROVIDED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN CONTENT AND ANALYSES ARE BASED IN PART FROM MATERIAL SUPPLIED BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT BUYER AND VIASAT’S PARTNERS OTHER PARTIES AND SO SELLER CANNOT AND DO DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF ANY RELIANCE PLACED ON SUCH INFORMATION. SELLER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY OF ANY RESULTS OF ANY KIND FOR BUYER. SELLER OFFERS A TECHNOLOGY PLATFORM THAT ENABLES ACCESS TO REQUEST ON-DEMAND SCOOTER RENTALS PROVIDED BY INDEPENDENT PROVIDERS. SELLER IS NOT A TRANSPORTATION OR A SCOOTER RENTAL PROVIDER, AND DOES NOT GUARANTEE AVAILABILITY OF SCOOTERS FOR RENT, ON-TIME AVAILABILITY, OR ANY OTHER SERVICE LEVELS RELATED TO THE SCOOTERS OR SERVICES PROVIDED BY THE BUYERS THAT MAY BE OBTAINED VIA THE SERVICES. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 18 ABOVE, ANY WARRANTY PUBLISHED OR PROVIDED BY SELLER OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT ITS AFFILIATES WITH RESPECT TO ANY GOAT PRODUCTS AND VIASATSERVICES DOES NOT AND WILL NOT APPLY TO BUYER, ITS AFFILIATES, BUYER’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO CUSTOMERS OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE END USERS OF THE SERVICEPRODUCTS. NO EMPLOYEE, REPRESENTATIVE, OR AGENT OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSION EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONAPPLY.

Appears in 2 contracts

Samples: Independent Contractor Purchase and Services Agreement, Independent Contractor Purchase and Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE MADE AVAILABLE TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDINGYOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT LIMITATION, ANY MINIMUM UPLOAD WARRANTIES OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES CONDITIONS OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR OTHERWISEPOLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 13, EXCEPT THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS. WITHOUT LIMITING THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE SERVICES WILL BE ERROR FREESECURE, SECURE THAT ANY USER NAME, PASSWORD OR UNINTERRUPTED OTHER SECURITY MEASURE THAT YOU MAY USE OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS ALLOW OTHERS TO USE IN CONNECTION WITH ELECTRONIC THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETYOUR SERVICES ACCOUNT OR RELATED INFORMATION, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO OR THAT YOUR SERVICES ACCOUNT OR RELATED INFORMATION WILL NOT WARRANT THE ACCURACY BE ACCESSED OR MISUSED BY ANY THIRD PARTY. ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT BOTH COMPANY AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, SOFTWARESTOCKHOLDERS, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESDIRECTORS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSOFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”). While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please use the link at Contact Us and provide a description of such alteration and its location on the Services.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE SERVICES ARE AT YOUR AND YOUR GUESTS, PATRONS, EMPLOYEES AND OTHER END USERS IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS LICENSORS, AND THIRD THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE FREE, AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS, OR LATENCY PERFORMANCE. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE SECURE, OR UNINTERRUPTED UNINTERRUPTED, OR WILL OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS YOU WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES FILES, OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE SERVICES ARE AT YOUR AND YOUR GUESTS, PATRONS, EMPLOYEES AND OTHER END USERS IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS LICENSORS, AND THIRD THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE FREE, AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS, OR LATENCY PERFORMANCE. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDNON- INFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE SECURE, OR UNINTERRUPTED UNINTERRUPTED, OR WILL OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS YOU WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES FILES, OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF SUBJECT TO ANY APPLICABLE “COUNTRY SPECIFIC TERMS” SET OUT BELOW TABLE 1 IN THIS CONTRACT FOR CUSTOMER’S CONTRACT JURISDICTION AND TO THE EXTENT PERMITTED BY APPLICABLE LAW: THE SERVICE IS AT YOUR SOLE RISKAND TELEMATIC SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIASAT AND VIASATNONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR JOHN DEERE’S SUBSIDIARIES AND UNDERLYING WIRELESS PROVIDERS, OR ANY OF THEIR AFFILIATES AND HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO JOHN DEERE’S OR THE UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR THE SERVICE. EACH OF XXXX DEERE AND ITS AFFILIATES, AND THE UNDERLYING WIRELESS PROVIDERS AND THEIR RESPECTIVE OFFICERSAFFILIATES EXPRESSLY DISCLAIMS, DIRECTORS SHAREHOLDERSAND DEALER EXPRESSLY WAIVES, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS RELEASES AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND RENOUNCES ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED ARISING IN LAW OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEOTHERWISE, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: (A) ANY MINIMUM UPLOAD IMPLIED WARRANTY OF MERCHANTABILITY OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COMPLETENESS USAGE OF INFORMATIONAL CONTENTTRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, NON-INFRINGEMENT AVAILABILITY OR OTHERWISECONTENT OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDER’S SYSTEM, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN OTHER SERVICES PROVIDED BY VIASAT XXXX DEERE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION ITS AFFILIATES, OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF UNDERLYING WIRELESS PROVIDERS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICETHEIR AFFILIATES USING ANY UNDERLYING WIRELESS PROVIDER’S SYSTEM; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREUSE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION THAT IS NOT ALLOWED CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSJOHN DEERE OR ANY OF ITS AFFILIATES, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONOR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES.

Appears in 2 contracts

Samples: www.deere.co.uk, www.deere.com

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASATNONE OF DISH, YOUR SUPPLIER OR ANY OF YOUR SUPPLIER’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSOR DISH’S AFFILIATES, DIRECTORS SHAREHOLDERSPARENTS, EMPLOYEES, AGENTSSUBSIDIARIES, WHOLESALERS, DEALERS, DISTRIBUTORS, RETAILERS, AGENTS, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS AND THIRD OR THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERSSERVICE PROVIDERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DO YOUR SUPPLIER, DISH OR ANY AND ALL WARRANTIES OF THE SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT AND YOUR SUPPLIER, DISH AND THE SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-NON- INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT YOUR SUPPLIER, DISH AND VIASAT’S PARTNERS THE SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT DISH, YOUR SUPPLIER OR ANY OF VIASAT’S PARTNERS THE SERVICE PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT DISH PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS DISH CANNOT AND DO DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT DISH AND VIASAT’S PARTNERS YOUR SUPPLIER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT, BUT ONLY TO THE EXTENT THAT, SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: High Speed Internet Agreement, High Speed Internet Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE The Seller, Marconi IP and the Parent make no representations or warranties with respect to any projections, forecasts or forward-looking statements made available to the Purchaser. There is no assurance that any projected or forecasted results will be achieved. For the avoidance of doubt, the foregoing does not apply to any forward-looking representation or warranty herein or in any Related Agreement or any forward-looking statement made in the Schedules. EXCEPT TO THE EXTENT OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS REPRESENTATIONS AND VIASAT’S SUBSIDIARIES WARRANTIES CONTAINED IN THIS AGREEMENT AND AFFILIATES THE RELATED AGREEMENTS, (a) THE SELLER, MARCONI IP AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO PARENT ARE SELLING THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ASSETS ON AN "AS IS" AND "AS AVAILABLE, WHERE IS" BASIS WITHOUT WARRANTIES OF ANY KINDAND DISCLAIM ALL OTHER WARRANTIES, EITHER REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIEDIMPLIED AND (b) THE SELLER, INCLUDINGMARCONI IP AND THE PARENT MAKE NO REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NO IMPLIED WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WITHOUT LIMITATIONAND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE RELATED AGREEMENTS, WARRANTIES THE SELLER AND MARCONI IP DISCLAIM ANY WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT AND ANY WARRANTY ARISING BY INDUSTRY CUSTOM OR OTHERWISECOURSE OF DEALING. THE PURCHASER AND AFCNA ACKNOWLEDGE AND AGREE THAT THEY ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES, EXCEPT FOR THE FOREGOING SHALL NOT APPLY REPRESENTATIONS AND WARRANTIES CONTAINED IN STATES WHERE IT IS PROHIBITEDTHIS AGREEMENT AND THE RELATED AGREEMENTS. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEThe Purchaser and AFCNA acknowledge and agree that neither the Seller, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETMarconi IP, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREthe Parent, SOFTWAREtheir respective Affiliates, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESany of their respective Representatives nor any other Person has made any representation or warranty, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSexpress or implied, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONas to the accuracy or completeness of any memoranda, charts, summaries, schedules or other information heretofore made available by the Seller, Marconi IP, the Parent, their respective Affiliates or their respective Representatives to the Purchaser, any of its Affiliates or their Representatives (including the Confidential Descriptive Memorandum dated December 2002) or any information that is not included in or covered by this Agreement, the Related Agreements or the Schedules and Exhibits hereto and thereto, and neither the Seller, Marconi IP, the Parent, their respective Affiliates, any of their respective Representatives nor any other Person will have or be subject to any liability to the Purchaser, any of its Affiliates or their Representatives resulting from the distribution of any such information to, or the use of any such information by, the Purchaser, any of its Affiliates or any of their agents, consultants, accountants, counsel or other representatives.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Advanced Fibre Communications Inc), Asset Purchase Agreement (Marconi Corp PLC)

Disclaimer of Warranties. YOU EXCEPT AS OTHERWISE EXPRESSLY AGREE WARRANTED IN THIS XXXX, SA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SA HAD BEEN INFORMED OF SUCH PURPOSE), OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT USE IN EACH JURISDICTION IN WHICH ANY SUCH DISCLAIMER IS UNENFORCEABLE, THE DURATION OF ANY SUCH IMPLIED SOFTWARE PERFORMANCE WARRANTIES IS LIMITED TO THIRTY (30) DAYS FROM THE DELIVERY DATE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSPRODUCT; PROVIDED, DIRECTORS SHAREHOLDERSHOWEVER, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL SOLE REMEDY OF LICENSEE FOR BREACH OF ANY SUCH IMPLIED SOFTWARE PERFORMANCE WARRANTY SHALL BE UNINTERRUPTED THAT SA WILL, AT ITS OPTION, REPAIR OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO REPLACE THE RESULTS TO BE OBTAINED FROM USE COPY OF THE SERVICEPRODUCT HELD BY LICENSEE, INCLUDINGOR TERMINATE THIS AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY LICENSEE. IN ADDITION, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY SECUREAUTH PROVIDES NON-SECUREAUTH PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDUNLESS SECUREAUTH SPECIFIES IN WRITING OTHERWISE; PROVIDED, INCLUDINGHOWEVER, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, THE NON-INFRINGEMENT SECUREAUTH MANUFACTURERS, SUPPLIERS, OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED PUBLISHERS MAY PROVIDE THEIR OWN WARRANTIES, SO AND SECUREAUTH AGREES TO INFORM LICENSEE, UPON REQUEST (1) WHICH PRODUCTS ARE NON-SECUREAUTH PRODUCTS, (2) THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION MANUFACTURER OR SUPPLIER WHO IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED RESPONSIBLE FOR WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS(IF ANY) RELATING THERETO, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION(3) THE PROCEDURE TO OBTAIN ANY WARRANTY SERVICE THEREON.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE SERVICES IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES CA DOES NOT WARRANT THAT THE SERVICE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DOES CA MAKE ANY AND ALL WARRANTIES WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICESERVICES, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS CA EXPRESSLY DISCLAIM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS CA SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT CA PROVIDES CUSTOMERS MEMBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CA CANNOT AND DO DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS CA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEFROM, ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. LIMITATION OF LIABILITY. TO THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED MAXIMUM EXTENT PERMITTED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSLAW, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONCA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY.

Appears in 2 contracts

Samples: Connectanza Customer Agreement, Connectanza Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISKWARRANTIES CONTAINED IN THIS SECTION 6, AND TO THE EXTENT FULLY PERMITTED BY LAW, JAGGAER MAKES NO WARRANTIES REGARDING THE JAGGAER APPLICATIONS AND SERVICES. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM JAGGAER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OTHER WARRANTIES, WHETHER EXPRESS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEIMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY PURPOSE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NONINFRINGEMENT. JAGGAER DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON JAGGAER APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN THE JAGGAER APPLICATIONS WILL BE CORRECTED, OR THAT THE JAGGAER APPLICATIONS AND SERVICES WILL MEET CLIENT’S PARTICULAR REQUIREMENTS OR EXPECTATIONS. JAGGAER DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION PROVIDED BY THIRD PARTIES. JAGGAER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES AND ANY OTHER PROBLEMS ARISING FROM CLIENT’S USE OF THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ELECTRONIC COMMUNICATIONS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWOTHER SYSTEMS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN JAGGAER AND CLIENT. JAGGAER’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONWARRANTIES SPECIFIED HEREIN.

Appears in 2 contracts

Samples: Main Subscription Agreement Terms and Conditions, Master Subscription Agreement Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE EXCEPT AS PROVIDED IN SECTION 10 OF THIS AGREEMENT (ALTRUIST LIMITED WARRANTY), THE SERVICE IS AT YOUR SOLE RISK. VIASAT PLATFORM, THE SERVICES AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, THE SOFTWARE ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS “AS-AVAILABLE" BASIS ,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. ALTRUIST AND ITS SUBSIDIARIES AND AFFILIATES, EITHER AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR AND IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS QUIET ENJOYMENT, QUALITY OF INFORMATIONAL CONTENTINFORMATION, AND TITLE/ NON-INFRINGEMENT OR OTHERWISE, EXCEPT INFRINGEMENT. THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT ENTITIES ALSO MAKE NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS. ADVISOR EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE PLATFORM, THE SERVICES AND THE SOFTWARE IS PROHIBITED. VIASAT AND VIASATAT ADVISOR’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDSOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIASAT ALTRUIST OR ANY OF VIASAT’S PARTNERS ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON WARRANTY OR IN ANY SUCH INFORMATION WAY INCREASE THE SCOPE OF ALTRUIST’S OBLIGATIONS HEREUNDER. ADVISOR AGREES THE PLATFORM, THE SERVICES AND THE SOFTWARE ARE NOT INTENDED TO REPLACE ADVISOR’S PROFESSIONAL SKILL AND JUDGMENT. ADVISOR AGREES AND ACKNOWLEDGES THAT THE PLATFORM, THE SERVICES AND THE SOFTWARE DO NOT AND ARE NOT INTENDED TO SUPPLY TAX, PERSONALIZED INVESTMENT, OR LEGAL ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS ADVISOR IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ELECTRONIC ALL APPLICABLE LAW, INCLUDING ITS RESPONSIBILITY TO MAKE ALL NECESSARY DISCLOSURES TO CLIENTS RELATING TO THE PLATFORM, THE SERVICES AND THE SOFTWARE. THE SERVICES AND THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. ADVISOR ACKNOWLEDGES AND AGREES ALTRUIST AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETAND DAMAGE ADVISOR’S DATA, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO WEBSITES, COMPUTERS, NETWORKS OR NON-PUBLIC PE R SO N A L INFORMATION OF CLIENTS TO USE FOR UNLAWFUL PURPOSES. ALTRUIST SHALL NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER BE RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONACTIVITIES.

Appears in 2 contracts

Samples: Model Marketplace Agreement, Model Marketplace Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF While We hope that the Services and Mobile Banking Services are useful and reliable, You understand that We and our third-party service providers cannot and do not make any representation or warranty: (i) that You will have continuous or uninterrupted access to the Services or the Mobile Banking Services or any of its information, content or functions; (ii) that the Services or the Mobile Banking Services will operate on a continuous or uninterrupted basis; or (iii) that any information, content or functions will be error-free. WE AND OUR THIRD-PARTY SERVICE PROVIDERS PROVIDE THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY SERVICES AND ALL WARRANTIES THAT INFORMATION AND CONTENT DELIVERED BY OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATIONTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF TITLE OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL SECURITY, PERFORMANCE, ACCURACY, AVAILABILITY, CONTENT, FUNCTION, ACCESSIBILITY, NON- INTERRUPTION, NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE AND OUR THIRD-PARTY SERVICE PROVIDERS ALSO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELATED TO ANY ADVERTISEMENTS OR WEBSITES IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT PERFORMANCE OF THE SERVICE WILL BE ERROR FREE, SECURE (INCLUDING ANY SOFTWARE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS OTHER MATERIALS SUPPLIED IN CONNECTION WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS ) SHALL HAVE NO LIABILITY WHATSOEVER BE FOR ANY DAMAGE US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE REPAIR OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND THAT NEITHER WE NOR ANY OF OUR THIRD-PARTY SERVICES PROVIDERS MAKE ANY WARRANTIES CONCERNING THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT ALLOWED BY LAW. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION EXCLUSIONS MAY NOT APPLY TO YOU. YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONFROM STATE TO STATE. YOU SHOULD SEEK LEGAL COUNSEL IF YOU HAVE ANY QUESTIONS ABOUT THE APPLICATION OF THE ABOVE WARRANTY TO YOU OR YOUR LEGAL RIGHTS. If You download Our App from Apple, Inc., via the Apple App Store or Google, Inc., via Google Play for Android, then in the event of any failure of Our App to conform to any warranty as described in these Terms, You may notify Apple, Google, or any other app store or marketplace, and Apple, Google or the operator of any other app store or marketplace will refund the purchase price for Our App to You, if any. To the maximum extent permitted by applicable law, Apple, Google or the operator of any other app store or marketplace will have no other warranty obligation whatsoever with respect to Our App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility. Additionally, Apple, Google or the operator of any other app store or marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to Our App. We, and not Apple, Google or the operator of any other app store or marketplace, are responsible for addressing any of Your claims and any third- party claims relating to Our App.

Appears in 2 contracts

Samples: General Defining Terms Within Agreement, www.baskbank.com

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF ALL SERVICES AND THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS PLATFORM (COLLECTIVELY, INCLUDING PLATFORM SUPPORT) ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR .” BTCS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTTITLE, AND NON-INFRINGEMENT INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR OTHERWISETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, EXCEPT BTCS MAKES NO WARRANTY OF ANY KIND THAT THE FOREGOING SERVICES OR PLATFORM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND BTCS MAKES NO REPRESENTATION OR WARRANTY THAT ANY THIRD-PARTY MATERIALS ENCOMPASSED IN THE SERVICES OR BTCS MATERIALS ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. USER ACKNOWLEDGES THAT IT SHALL NOT APPLY IN STATES WHERE IT CONSULT WITH ITS OWN PROFESSIONAL ADVISORS, INCLUDING WITHOUT LIMITATION, ANY LEGAL, FINANCIAL OR TECHNOLOGY ADVISORS, AS TO WHETHER ANY MODULE IS PROHIBITEDSUFFICIENT FOR USER'S OR ITS AUTHORIZED USERS’ INTENDED USE OR COMPLIANCE WITH APPLICABLE LAW, RULES OR REGULATIONS. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD- PARTY MATERIALS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, BTCS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION SERVICES OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF IMPLIED WARRANTIESVIRUSES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE UNAUTHORIZED CODE OR OTHER RIGHTS THAT VARY BY JURISDICTIONHARMFUL COMPONENTS.

Appears in 2 contracts

Samples: Platform and Staking Services Agreement, Platform and Staking Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT TRADEREV AND THE TRADEREV PARTNERS PROVIDE THE TRADEREV SYSTEM AND ALL RELATED SERVICES TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO CUSTOMER’S AND/OR AUTHORIZED USER’S USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS ACCESS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE TRADEREV SYSTEM AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF RELATED SERVICES, INCLUDING ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY NON‐INFRINGEMENT, OR COMPLETENESS ANY WARRANTIES WHICH MAY BE CREATED THROUGH COURSE OF INFORMATIONAL CONTENTDEALING OR USAGE OF TRADE. CUSTOMER UNDERSTANDS THAT THERE MAY BE INTERRUPTIONS, NON-INFRINGEMENT DELAYS, INACCURACIES, OMISSIONS, AND/OR OTHERWISEOTHER PROBLEMS WITH THE TRADEREV SYSTEM, EXCEPT INFORMATION, AND/OR VEHICLE LISTINGS PUBLISHED ON THE FOREGOING SHALL TRADEREV SYSTEM, AND THAT TRADEREV WILL NOT APPLY IN STATES WHERE IT IS PROHIBITEDBE LIABLE TO CUSTOMER, AUTHORIZED USERS OR TO ANY THIRD PARTY THEREFOR. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY TRADEREV DOES NOT WARRANT THAT THE SERVICE TRADEREV SYSTEM WILL BE ERROR FREE, SECURE CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR UNINTERRUPTED OTHER HARMFUL COMPONENTS OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT MEET CUSTOMER’S OR ANY OF VIASATTHIRD PARTY’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONREQUIREMENTS.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASATNONE OF DISH, YOUR SUPPLIER OR ANY OF YOUR SUPPLIER’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSOR DISH’S AFFILIATES, DIRECTORS SHAREHOLDERSPARENTS, EMPLOYEES, AGENTSSUBSIDIARIES, WHOLESALERS, DEALERS, DISTRIBUTORS, RETAILERS, AGENTS, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS AND THIRD OR THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DO YOUR SUPPLIER, DISH OR ANY AND ALL WARRANTIES OF THE PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT AND YOUR SUPPLIER, DISH AND THE PARTNERS HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT YOUR SUPPLIER, DISH AND VIASAT’S THE PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT DISH, YOUR SUPPLIER OR ANY OF VIASAT’S THE PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT DISH PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS DISH CANNOT AND DO DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT DISH AND VIASAT’S PARTNERS YOUR SUPPLIER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT, BUT ONLY TO THE EXTENT THAT, SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: High Speed Internet Agreement, Dish High Speed Internet Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-NON- INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Business Customer Agreement, Business Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE (a) BUYER ACKNOWLEDGES AND AGREES THAT USE BUYER IS EXPERIENCED IN THE OWNERSHIP AND OPERATION OF PROPERTIES SIMILAR TO THE HYDROCARBON INTERESTS AND THAT BUYER PRIOR TO THE DATE HEREOF HAS HAD THE OPPORTUNITY TO INSPECT THE HYDROCARBON INTERESTS AND ALL OTHER ASSETS OF THE SERVICE ACQUIRED COMPANIES TO ITS SATISFACTION AND IS AT YOUR SOLE RISKQUALIFIED TO MAKE SUCH INSPECTION, BUT NOTHING IN THIS SENTENCE IS A LIMITATION ON SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN SELLER’S CLOSING CERTIFICATE. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH BUYER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY STATEMENTS (ORAL OR WRITTEN) THAT MAY HAVE BEEN MADE OR MAY BE MADE (OR PURPORTEDLY MADE) BY SELLER OR THE ACQUIRED COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERSREPRESENTATIVES (EXCEPT AS PROVIDED IN THIS AGREEMENT, DIRECTORS SHAREHOLDERSOR SELLER’S CLOSING CERTIFICATE). BUYER ACKNOWLEDGES THAT BUYER HAS (OR BUYER’S REPRESENTATIVES HAVE), EMPLOYEESPRIOR TO THE DATE HEREOF, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS HAD THE OPPORTUNITY TO THOROUGHLY INSPECT AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY EXAMINE THE HYDROCARBON INTERESTS AND ALL WARRANTIES THAT OTHER ASSETS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY ACQUIRED COMPANIES TO THE EXTENT DEEMED NECESSARY BY BUYER IN ORDER TO ENABLE BUYER TO EVALUATE THE CONDITION OF SUCH HYDROCARBON INTERESTS AND ASSETS AND ALL WARRANTIES OTHER ASPECTS OF SUCH HYDROCARBON INTERESTS AND ASSETS AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEDATE HEREOF (INCLUDING THE ENVIRONMENTAL CONDITION OF SUCH HYDROCARBON INTERESTS AND ASSETS), INCLUDINGBUT NOTHING IN THIS SENTENCE IS A LIMITATION ON SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN SELLER’S CLOSING CERTIFICATE. FURTHER, EXCEPT AS EXPRESSLY REPRESENTED IN THIS AGREEMENT OR IN SELLER’S CLOSING CERTIFICATE, IT IS THE EXPLICIT INTENT AND UNDERSTANDING OF ALL PARTIES THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS OR WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT OR SELLER’S CLOSING CERTIFICATE, AND AS A MATERIAL INDUCEMENT FOR SELLER TO ENTER INTO THIS AGREEMENT, IT IS UNDERSTOOD THAT, WITHOUT LIMITATIONLIMITING SUCH EXPRESS REPRESENTATIONS AND WARRANTIES, ANY MINIMUM UPLOAD EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR DOWNLOAD SPEEDS. IN SELLER’S CLOSING CERTIFICATE, BUYER TAKES THE SERVICE HYDROCARBON INTERESTS AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "ALL OTHER ASSETS OF THE ACQUIRED COMPANIES “AS IS" AND "“WHERE IS” AND “WITH ALL FAULTS.” WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, EXCEPT AS AVAILABLE" BASIS WITHOUT WARRANTIES OF EXPRESSLY REPRESENTED IN THIS AGREEMENT OR IN SELLER’S CLOSING CERTIFICATE, SELLER HEREBY (I) EXPRESSLY DISCLAIMS AND NEGATES ANY KINDREPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDINGAT COMMON LAW, WITHOUT LIMITATIONBY STATUTE OR OTHERWISE, WARRANTIES RELATING TO (A) THE CONDITION OF TITLE THE HYDROCARBON INTERESTS OR ANY OTHER ASSETS OF THE ACQUIRED COMPANIES (INCLUDING ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITYQUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTCONFORMITY TO MODELS OR SAMPLES OF MATERIALS), NON-(B) THE ENVIRONMENTAL CONDITION OF THE HYDROCARBON INTERESTS OR ANY OTHER ASSETS OF THE ACQUIRED COMPANIES (INCLUDING THEIR COMPLIANCE STATUS UNDER ENVIRONMENTAL LAWS AND/OR THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCE IN OR ON, OR DISPOSED OF OR DISCHARGED FROM, THE HYDROCARBON INTERESTS OR ANY OTHER ASSETS OF THE ACQUIRED COMPANIES), OR (C) ANY INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT SELLER OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO ITS AFFILIATES (INCLUDING THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY ACQUIRED COMPANIES) OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PERSON); AND (II) NEGATES ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF REDHIBITORY VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLER AND BUYER THAT THE HYDROCARBON INTERESTS AND ALL OTHER ASSETS OF THE INFORMATION YOU OBTAIN ACQUIRED COMPANIES ARE TO BE ACCEPTED BY BUYER (THROUGH THE SERVICE. VIASAT AND VIASATBUYER’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE ACQUISITION OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION PURCHASED EQUITY) IN THEIR PRESENT CONDITION AND STATE OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONREPAIR.

Appears in 2 contracts

Samples: Equity Purchase Agreement, Equity Purchase Agreement (Sandridge Energy Inc)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF UBER PROVIDES, AND CUSTOMER ACCEPTS, THE SERVICE IS AT YOUR SOLE RISK. VIASAT UBER SERVICES, DRIVER APP AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED UBER DEVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDBASIS. UBER DOES NOT REPRESENT, EITHER EXPRESS WARRANT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASATGUARANTEE THAT CUSTOMER’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASATDRIVER’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEUBER SERVICES, DRIVER APP OR THE UBER DEVICES: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR TRANSPORTATION SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESUBER FUNCTIONS AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKES NO REPRESENTATIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU WARRANTIES OR GUARANTEES AS TO THE EXTENT SUCH EXCLUSION IS ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR RECEIVE TRANSPORTATION SERVICES FROM CUSTOMER OR ANY DRIVER HEREUNDER, AND UBER DOES NOT ALLOWED SCREEN OR OTHERWISE EVALUATE USERS. BY APPLICABLE LAWUSING THE UBER SERVICES AND DRIVER APP, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER OR A DRIVER MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO CUSTOMER, A DRIVER OR OTHER THIRD PARTIES. CUSTOMER AND DRIVERS ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE UBER SERVICES OR DRIVER APP. NOTWITHSTANDING UBER’S APPOINTMENT AS THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSPAYMENT COLLECTION AGENT OF CUSTOMER FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON BEHALF OF CUSTOMER AS SET FORTH IN SECTION 4 ABOVE, AND YOU ALSO MAY HAVE UBER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF CUSTOMER, ANY USER OR OTHER RIGHTS THAT VARY BY JURISDICTIONTHIRD PARTY.

Appears in 2 contracts

Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release

Disclaimer of Warranties. YOU EXPRESSLY AGREE PROVIDER WARRANTS THAT USE THE SERVICES PROVIDED BY PROVIDER HEREUNDER WILL MATERIALLY COMPLY (WITHIN COMMERCIALLY REASONABLE PARAMETERS) WITH THE DESCRIPTION OF THE SERVICE IS AT YOUR SOLE RISKSERVICES DESCRIBED ABOVE. VIASAT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSEXPRESSLY DISCLAIMS ANY, DIRECTORS SHAREHOLDERSREPRESENTATIONS OR WARRANTIES, EMPLOYEESEXPRESS OR IMPLIED, AGENTSREGARDING THE SERVICES PROVIDED BY PROVIDER UNDER THIS AGREEMENT, WHOLESALERSTHE WEBSITE, DEALERSTHE TRANSACTIONS URL, DISTRIBUTORSTHE LINK, SUPPLIERSOR ANY OTHER SERVICE, LICENSORS AND THIRD PARTY CONTENT PROVIDERS GOOD, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS IN ELECTRONIC FORM OR OTHERWISE PROVIDED HEREUNDER (COLLECTIVELY, “VIASAT’S PARTNERS”THE "PROVIDED SERVICES") DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEIN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS PROVIDER EXPRESSLY DISCLAIM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT REGARDING THE SERVICE WILL BE ERROR FREEPERFORMANCE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; THE PROVIDED SERVICES. PROVIDER MAKES NO REPRESENTATION OR WARRANTY (NOR SHALL YOU RELY ON ANY SUCH INFORMATION REPRESENTATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF WARRANTY BE IMPLIED) THAT ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER ORGANIZATION AGREES THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGE TO INTERRUPTIONS OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF ERRORS IN THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPROVIDED SERVICES.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISKSection 33 (Exclusions of Warranties) of the General Terms does not apply to Zelle Payment Services. VIASAT EXCEPT AS OTHERWISE PROVIDED HEREIN, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSSUBJECT TO APPLICABLE LAW, DIRECTORS SHAREHOLDERSXXXXX MAKES NO EXPRESS OR IMPLIED WARRANTIES, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED REPRESENTATIONS OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE RESULTS TO BE OBTAINED FROM USE OF THE ZELLE PAYMENT SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OR OTHERWISEINFRINGEMENT, EXCEPT WITH REGARD TO THE FOREGOING SHALL ZELLE PAYMENT SERVICE. ZELLE DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE ZELLE PAYMENT SERVICE WILL BE ERROR FREEUNINTERRUPTED, TIMELY, SECURE OR UNINTERRUPTED ERROR-FREE, OR OPERATE AT THAT DEFECTS WILL BE CORRECTED. THE ZELLE PAYMENT SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. LIMITATION OF LIABILITY Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY MINIMUM SPEED. NO ORAL ADVICE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR WRITTEN INFORMATION GIVEN OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY VIASAT THE ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTYOTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC (III) UNAUTHORIZED ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OR ALTERATION OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO YOUR TRANSMISSIONS OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.DATA; OR

Appears in 2 contracts

Samples: Share Account Agreement, Share Account Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE CUSTOMER AGREES THAT THE USE OF THE ANY REMOTE DEPOSIT SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR SOLE RISKCUSTOMER’S OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND HCB DISCLAIMS ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS OF ANY AND ALL WARRANTIES KIND AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDPURPOSE AND NONINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR HCB MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE ERROR UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, SECURE . HCB MAKES NO WARRANTY THAT THE RESULTS OBTAINED WILL BE ACCURATE OR UNINTERRUPTED RELIABLE OR OPERATE AT THAT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT ERRORS IN HCB MOBILE DEPOSIT OR ANY RELATED TECHNOLOGY WILL BE CORRECTED. LIMITATION OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON LIABILITY. CUSTOMER AGREES THAT HCB WILL NOT BE LIABLE FOR ANY SUCH INFORMATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY CUSTOMER OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE CONTENT AVAILABLE ON USE OF, INABILITY TO USE, OR THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT TERMINATION OF THE ACCURACY USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREOTHERWISE), SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE EVEN IF HCB HAS BEEN INFORMED OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESPOSSIBILITY THEREOF, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSResponsibility for Expenses. Customer is solely responsible for any expenses related to imaging Original Checks, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONaccessing HCB Mobile Deposit, and maintaining Customer’s Mobile Device. Customer is responsible for the payment of all telecommunication costs associated with using HCB Mobile Deposit, and HCB will not be responsible for providing, servicing, repairing, or replacing any Mobile Device.

Appears in 2 contracts

Samples: Highpoint Community Bank, Hastings City Bank

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS WARRANTIES SET FORTH IN 11.1 AND VIASAT’S SUBSIDIARIES 11.2, ALL SERVICES AND AFFILIATES PROFESSIONAL AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, PROVIDER MATERIALS ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR .” PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTTITLE, AND NON-INFRINGEMENT INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR OTHERWISETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, EXCEPT PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDSERVICES, PROFESSIONAL SERVICES, OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. VIASAT ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. PROVIDER DOES NOT REPRESENT OR WARRANT IN ANY WAY THAT THE SERVICE SERVICES OR PROFESSIONAL SERVICES WILL BE ERROR FREE, SECURE REDUCE OR UNINTERRUPTED PREVENT THE CONTRACTION OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY SPREAD OF ANY INFECTIOUS DISEASES IN A PROPERTY, AND CUSTOMER UNDERSTANDS THAT IT IS FULLY AND SOLELY RESPONSIBLE FOR ALL ACTIONS TAKEN BY IT OR ITS REPRESENTATIVES PURSUANT TO OR AS A RESULT OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASATSERVICES OR PROVIDER’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONDELIVERABLES.

Appears in 2 contracts

Samples: Provider’s Terms of Service, uploads-ssl.webflow.com

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT SERVICES AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYANY EQUIPMENT PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS”, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ” BASIS. IN ADDITION, THE PARTIES ACKNOWLEDGE THAT GIVEN THE SERVICES (INCLUDING ANY EQUIPMENT) MAY DEPEND TO SOME EXTENT ON BPPR’S OWN COMPUTER SYSTEMS, EVERTEC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY PURPOSE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT INFRINGEMENT. FURTHERMORE, EVERTEC DOES NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO LOSS OR OTHERWISECORRUPTION OF DATA, EXCEPT LOSS OR DAMAGE TO EQUIPMENT AND/OR SOFTWARE, SYSTEM RESPONSE TIMES, TELECOMMUNICATION LINES OR OTHER COMMUNICATION DEVICES, QUALITY, AVAILABILITY, RELIABILITY, SECURITY ACCESS DELAYS OR ACCESS INTERRUPTIONS, NOR COMPUTER VIRUSES, BUGS OR ERRORS. EVERTEC DOES NOT MAKE ANY WARRANTIES THAT THE FOREGOING SHALL SERVICES WILL NOT APPLY IN STATES WHERE IT IS PROHIBITEDBE INTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND EVERTEC ASSUMES NO RESPONSIBILITY OR LIABILITY IF TELECOMMUNICATION CARRIERS ARE NOT AVAILABLE AT ANY GIVEN TIME. VIASAT EVERTEC, ITS AFFILIATES, AND VIASAT’S PARTNERS THEIR RESPECTIVE REPRESENTATIVES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY REPRESENTATION LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR WARRANTY THAT FROM BPPR OR STORED BY BPPR VIA THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDSERVICES PROVIDED BY EVERTEC. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL EVERTEC REPRESENTATIVES WILL CREATE A WARRANTY; NOR SHALL YOU MAY BPPR RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Ath Network Participation Agreement (EVERTEC, Inc.), Ath Network Participation Agreement (EVERTEC, Inc.)

Disclaimer of Warranties. YOU EXPRESSLY AGREE EXCEPT AS OTHERWISE STATED IN SECTION 10 ABOVE, VENDOR DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSWILL BE SECURE, DIRECTORS SHAREHOLDERSTIMELY, EMPLOYEESUNINTERRUPED OR ERROR FREE, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES OR THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE UNINTERRUPTED CORRECTED OR ERROR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE AS WELL AS ANY AND ALL WARRANTIES AS TO OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE RESULTS TO BE OBTAINED FROM USE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY VENDOR OR THE OPERATION OF THE SERVICESERVICES WILL BE SECURE OR THAT VENDOR AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER’S CONFIDENTIAL INFORMATION, INCLUDING, WITHOUT LIMITATION, OR ANY MINIMUM UPLOAD ERRORS WILL BE CORRECTED OR DOWNLOAD SPEEDSANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE SERVICE WARRANTIES STATED IN SECTION 10 ABOVE ARE THE SOLE AND ANY ANCILLARY PRODUCTS EXCLUSIVE WARRANTIES OFFERED BY VENDOR. THERE ARE NO OTHER WARRANTIES OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THOSE OF TITLE MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED IN SECTION 10 ABOVE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE SERVICE. VIASAT AND VIASATCUSTOMER’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONPURPOSE.

Appears in 2 contracts

Samples: , LLC License Agreement, License Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NONE OF DISH, VIASAT AND OR ANY OF VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSOR DISH’S AFFILIATES, DIRECTORS SHAREHOLDERSPARENTS, EMPLOYEES, AGENTSSUBSIDIARIES, WHOLESALERS, DEALERS, RETAILERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS AND OR THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DO VIASAT, DISH OR ANY AND ALL WARRANTIES OF THE PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT AND VIASAT, DISH AND THE PARTNERS HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-NON- INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT VIASAT, DISH AND VIASAT’S THE PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DISH, VIASAT OR ANY OF VIASAT’S THE PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT DISH PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM YOUR USE OF THE SERVICEANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 2 contracts

Samples: Internet Upgrade Agreement, Internet Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS WARRANTIES SET FORTH IN SECTION 12.1, SECTION 12.2 AND VIASAT’S SUBSIDIARIES SECTION 12.3, ALL SERVICES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, LICENSOR MATERIALS ARE PROVIDED VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDLICENSOR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHER, WITHOUT LIMITATION, WARRANTIES OF TITLE OR AND LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR OTHERWISETRADE PRACTICE. LICENSOR DOES NOT PROVIDE ANY INVESTMENT ADVISORY SERVICE, EXCEPT DUE DILIGENCE, BROKERAGE, FINANCIAL MANAGEMENT, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL SERVICE, AND ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH LICENSOR’S PRODUCTS AND SERVICES WILL BE USED BY LICENSEE AND ITS AUTHORIZED USERS SOLELY AT THEIR OWN RISK. WITHOUT LIMITING THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDFOREGOING, LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR LICENSOR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. VIASAT ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN LICENSEE AND THE SERVICE WILL BE ERROR FREE, SECURE THIRD-PARTY OWNER OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY DISTRIBUTOR OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHIRD-PARTY MATERIALS.

Appears in 2 contracts

Samples: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC)

Disclaimer of Warranties. YOU IN ADDITION TO THE WARRANTIES AND DISCLAIMERS SET FORTH ABOVE, USER EXPRESSLY AGREE AGREES THAT USE OF THE SERVICE IS AT YOUR USER'S SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS ISAS" AND & "AS AVAILABLE" BASIS WITHOUT BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, PURPOSE AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR OCTAGON AUCTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, SECURE ; NOR DOES OCTAGON AUCTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR UNINTERRUPTED AS TO THE ACCURACY OR OPERATE AT RELIABILITY OF ANY MINIMUM SPEEDINFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SAF SPORTS LLC MAKES NO ORAL ADVICE WARRANTY REGARDING ANY GOODS OR WRITTEN INFORMATION GIVEN BY VIASAT SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OCTAGON AUCTIONS OR THROUGH THE SERVICE SHALL HAVE NO LIABILITY WHATSOEVER FOR CREATE ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEWARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSION EXCLUSIONS MAY NOT APPLY TO YOU YOU. HOWEVER, USER XXXXXX AGREES THAT THIS SECTION AND THE ENTIRETY OF THIS DOCUMENT SHALL BE INTERPRETED BASED ON THE LAWS OF NEW JERSEY. LIMITATION OF LIABILITY OCTAGON AUCTIONS OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE EXTENT SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OCTAGON AUCTIONS OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION IS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT ALLOWED BY APPLICABLE LAWAPPLY TO YOU. NO RESALE OR COMMERCIAL USE OF THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSSERVICE Use of this Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONwithout the express written consent of Create Auction LLC. Without limiting any other remedies, this Auction Site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

Appears in 1 contract

Samples: User Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY AGREE THAT USE OF SET FORTH IN SECTION 2 ABOVE, THE SERVICE IS AT YOUR SOLE RISK. VIASAT GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE AND VIASATTHE DOCUMENTATION ARE SUPPLIED TO LICENSEE "AS IS.” LICENSOR (DEFINED IN THIS SECTION AS LICENSOR’S SUBSIDIARIES PARENT, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERSAND EMPLOYEES) MAKES NO WARRANTY, EMPLOYEESEXPRESS OR IMPLIED, AGENTSAS TO THE GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE, WHOLESALERSTHE DOCUMENTATION, DEALERSTHE OPERATION OF THE GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE, DISTRIBUTORSOR ANY OTHER GOODS OR SERVICES RENDERED BY LICENSOR TO LICENSEE, SUPPLIERSINCLUDING BUT NOT LIMITED TO, LICENSORS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, ACCURACY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, “VIASAT’S PARTNERS”) DISCLAIM EXCEPT TO THE EXTENT ANY WARRANTIES IMPLIED BY LAW CANNOT BE WAIVED. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT THE SERVICE GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE WILL RUN PROPERLY ON ANY HARDWARE, THAT THE GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE, OR THAT THE OPERATION OF THE GLOBALIZATION PARTNERS INTERNATIONAL (GPI) SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND FREE, OR THAT ALL WARRANTIES AS TO THE RESULTS TO ERRORS WILL BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD CORRECTED. LICENSOR MAKES NO EXPRESS OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES IMPLIED WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT KIND REGARDING ANY SEPARATELY LICENSED SOFTWARE THAT MAY BE USED WITH THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S GLOBALIZATION PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, INTERNATIONAL (GPI) SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT LICENSED PRODUCT AND VIASAT’S SUBSIDIARIES THE DAFC ARE PROVIDED "AS IS" AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSWITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, DIRECTORS SHAREHOLDERSWITHOUT LIMITATION, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY, DAFC AND THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICESOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY MINIMUM UPLOAD WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR DOWNLOAD SPEEDSCOURSE OF PERFORMANCE. DAFC AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT OR THE DAFC DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR DAFC DATA. DISTRIBUTOR AND THE DAFC SUBSCRIBERS ACCEPT FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY DISTRIBUTOR OR THE DAFC SUBSCRIBERS USING THE LICENSED PRODUCT OR DAFC DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DAFC OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATIONS, WARRANTY OR COVENANT ON BEHALF OF DAFC OR THE SOURCES. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT OR ANY DAFC SUBSCRIBER AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR SOURCES REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR THE DAFC DATA WILL BE UNINTERRUPTED OR ERROR-FREE. DISTRIBUTOR EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT AND/OR THE DAFC DATA IS AT ITS AND THE DAFC SUBSCRIBER'S SOLE RISK AND THAT DAFC AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT AND/OR DAFC DATA OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THE SERVICE SOFTWARE, THE HARDWARE, AND ANY ANCILLARY PRODUCTS OR THE APPLICATION SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDNO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDARE MADE REGARDING THEM. VIASAT LICENSEE HEREBY AGREES AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY ACKNOWLEDGES THAT THE SERVICE SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO OBTAIN THE INTENDED RESULTS. LICENSOR MAKES NO WARRANTIES AS TO THE PERFORMANCE OR RESULTS OF THE SOFTWARE, THE HARDWARE, OR THE APPLICATION SERVICES. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSOR DOES NOT WARRANT THAT THE SOFTWARE, HARDWARE, OR THE APPLICATION SERVICES WILL DELIVER ORDERS TO THE EXCHANGES, IF APPLICABLE FULLY OR COMPLETELY ARRANGE OR DISPLAY THE DESIRED OR ACQUIRED DATA, IF APPLICABLE, OR THAT THE DATE THEY RECEIVE, PROVIDE, ARRANGE OR DISPLAY IS TRUE, ACCURATE OR REAL-TIME. IN ADDITION, LICENSEE AGREES AND ACKNOWLEDGES THAT THE SOFTWARE'S CALCULATIONS MAY NOT BE ERROR FREECORRECT AND THAT THE SOFTWARE OR HARDWARE MAY FAIL WITHOUT WARNING. LICENSEE HEREBY AGREES AND UNDERSTANDS THAT LICENSOR MAKES NO WARRANTIES OR GUARANTIES AS TO THE TIMELY OR CORRECT INSTALLATION OF THE SOFTWARE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT THE HARDWARE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION DOWN TIME THAT THE SOFTWARE OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETHARDWARE MAY CAUSE LICENSEE IN ITS BUSINESS, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY EVEN IF LICENSOR IS ACTUALLY NOTIFIED OF THE INFORMATION YOU OBTAIN THROUGH POTENTIAL OF SUCH LOSSES. LICENSEE IS A SOPHISTICATED BUSINESSPERSON AND HAS EXERCISED ITS OWN JUDGMENT AND DILIGENCE IN REVIEWING THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, THE HARDWARE, SOFTWARE, FILES AND THE APPLICATION SERVICES AND THEIR CAPABILITIES. LICENSEE HAS MADE AN INDEPENDENT JUDGMENT TO ACQUIRE THE SOFTWARE AND THE HARDWARE AFTER ITS OWN REVIEW AND INVESTIGATION WITHOUT REGARD TO ANY WARRANTIES OR DATA RESULTING FROM YOUR USE REPRESENTATIONS MADE BY LICENSOR. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHIS AGREEMENT.

Appears in 1 contract

Samples: Distribution Agreement (Future Technologies Inc)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE WITHOUT WAIVING ANY CLAIM THE EQUIPMENT HEAD LESSEE MAY HAVE AGAINST ANY MANUFACTURER, VENDOR OR CONTRACTOR UNDER THE CLOVER OWNERSHIP AGREEMENT, THE EQUIPMENT HEAD LESSEE ACKNOWLEDGES AND AGREES SOLELY FOR THE BENEFIT OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES EQUIPMENT HEAD LESSOR THAT (a) CLOVER UNIT 1 AND EACH COMPONENT THEREOF ARE OF A SIZE, DESIGN, CAPACITY AND MANUFACTURE ACCEPTABLE TO THE EQUIPMENT HEAD LESSEE, (b) THE EQUIPMENT HEAD LESSEE IS SATISFIED THAT CLOVER UNIT 1 AND EACH COMPONENT THEREOF ARE SUITABLE FOR THEIR RESPECTIVE OFFICERSPURPOSES, DIRECTORS SHAREHOLDERS(c) THE EQUIPMENT HEAD LESSOR IS NOT A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND, EMPLOYEES(d) CLOVER UNIT 1 AND EACH COMPONENT THEREOF ARE LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS NOW IN EFFECT OR HEREAFTER ADOPTED AND IN THE STATE AND CONDITION OF EVERY PART THEREOF WHEN THE SAME FIRST BECAME SUBJECT TO THIS LEASE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE EQUIPMENT HEAD LESSOR AND (e) THE EQUIPMENT HEAD LESSOR LEASES AND THE EQUIPMENT HEAD LESSEE TAKES THE EQUIPMENT INTEREST UNDER THIS EQUIPMENT HEAD LEASE "AS-IS", AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS WHERE-IS" AND "AS AVAILABLE" BASIS WITHOUT WITH ALL FAULTS", AND THE EQUIPMENT HEAD LESSEE ACKNOWLEDGES THAT THE EQUIPMENT HEAD LESSOR MAKES NO, NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY AND ALL RIGHTS, CLAIMS, WARRANTIES OF ANY KINDOR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE VALUE, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYCONDITION, FITNESS FOR A ANY PARTICULAR PURPOSE, ACCURACY DESIGN, OPERATION, OR COMPLETENESS MERCHANTABILITY THEREOF OR AS TO THE QUALITY OF INFORMATIONAL CONTENTTHE MATERIAL OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, NON-INFRINGEMENT FREEDOM FROM PATENT, COPYRIGHT OR OTHERWISETRADEMARK INFRINGEMENT, EXCEPT THE FOREGOING SHALL ABSENCE OF ANY LATENT OR OTHER DEFECT, WHETHER OR NOT APPLY DISCOVERABLE, OR AS TO THE ABSENCE OF ANY OBLIGATIONS BASED ON STRICT LIABILITY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM TORT OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEWHATSOEVER WITH RESPECT THERETO, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETexcept that the Equipment Head Lessor represents and warrants to the Equipment Head Lessee that the Equipment Head Lessor has (1) good and valid title, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREas a tenant-in-common with Virginia Power, SOFTWAREto the Retained Assets free and clear of all Liens other than Permitted Liens and (2) a valid leasehold interest, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESto the extent of a 50% undivided interest, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONin the Pollution Control Assets free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Clover Unit 1 Equipment Interest Lease Agreement (Old Dominion Electric Cooperative)

Disclaimer of Warranties. NOCN Group gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY XXXXXXX VUE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY. NOCN GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE THIS SITE IS AT YOUR SOLE RISK. VIASAT YOU EXPRESSLY UNDERSTAND AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES AGREE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM YOUR USE OF THE SERVICEWEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDINGINCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITATIONNOCN GROUP DISCLAIMS ALL WARRANTIES, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL TITLE AND NON-INFRINGEMENT. NOCN GROUP DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, NON-INFRINGEMENT MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E- MAIL, WHETHER SENT FROM XXXXXXX VUE OR OTHERWISE, EXCEPT THE FOREGOING SHALL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOCN GROUP DOES NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT THAT THE SERVICE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE ERROR FREEUNINTERRUPTED, TIMELY, SECURE OR UNINTERRUPTED ERROR-FREE. NOCN GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR OPERATE AT FROM ANY MINIMUM SPEEDINFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT ADVICE, BLOGS, OR ANY OF VIASAT’S PARTNERS SHALL OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICEWARRANTY NOT EXPRESSLY STATED IN THE TERMS. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETOur website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICEor refraining from making, any decision. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONYou should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.

Appears in 1 contract

Samples: Conditions of Use

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT SITE AND VIASAT’S SUBSIDIARIES SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSINFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT BASIS. PUBLIC SURPLUS DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR OTHERWISEQUIET ENJOYMENT. Public Surplus DOES NOT WARRANT THAT THE SERVICES, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDFUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR Public Surplus MAKES NO WARRANTY THAT THE SERVICE LISTED ASSETS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE ERROR FREE, SECURE SOLD. PUBLIC SURPLUS MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR UNINTERRUPTED SERVICES PURCHASED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OBTAINED THROUGH THE SERVICES OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. Public Surplus EXPRESSLY DISCLAIMS ANY SUCH INFORMATION ENDORSEMENT OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY WARRANTY OF ANY OF THE INFORMATION YOU OBTAIN LISTED ASSETS SOLD ON OR THROUGH THE SERVICE. VIASAT SITE OR THE SERVICES, AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER ANY RESPONSIBILITY FOR ANY DAMAGE TO MISREPRESENTATIONS OR LOSS BREACHES COMMITTED BY ANY SELLER OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONUSER.

Appears in 1 contract

Samples: Public Surplus Buyer Agreement

Disclaimer of Warranties. YOU IN ADDITION TO THE WARRANTIES AND DISCLAIMERS SET FORTH ABOVE, USER EXPRESSLY AGREE AGREES THAT USE OF THE SERVICE IS AT YOUR USER'S SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS ISAS" AND & "AS AVAILABLE" BASIS WITHOUT BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, PURPOSE AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR BIRMINGHAM AUCTIONEERS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, SECURE ; NOR DOES BIRMINGHAM AUCTIONEERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR UNINTERRUPTED AS TO THE ACCURACY OR OPERATE AT RELIABILITY OF ANY MINIMUM SPEEDINFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. AQUARIAN SPORTS CARDS LLC MAKES NO ORAL ADVICE WARRANTY REGARDING ANY GOODS OR WRITTEN INFORMATION GIVEN BY VIASAT SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM AQUARIAN SPORTS CARDS LLC OR THROUGH THE SERVICE SHALL HAVE NO LIABILITY WHATSOEVER FOR CREATE ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEWARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSION EXCLUSIONS MAY NOT APPLY TO YOU YOU. HOWEVER, USER XXXXXX AGREES THAT THIS SECTION AND THE ENTIRETY OF THIS DOCUMENT SHALL BE INTERPRETED BASED ON THE LAWS OF PENNSYLVANIA. LIMITATION OF LIABILITY AQUARIAN SPORTS CARDS LLC OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE EXTENT SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AQUARIAN SPORTS CARDS LLC OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION IS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT ALLOWED BY APPLICABLE LAWAPPLY TO YOU. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONNO RESALE OR COMMERCIAL USE.

Appears in 1 contract

Samples: User Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 1 contract

Samples: Customer Agreement

Disclaimer of Warranties. THE MOBILE APP, XxxxXxxx.xxx AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Exto AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “Exto PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, XxxxXxxx.xxx OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE MOBILE APP, XxxxXxxx.xxx OR THE SERVICES IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSIF YOU ARE A CALIFORNIA RESIDENT, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE SERVICE WILL BE UNINTERRUPTED CREDITOR OR ERROR FREE AS WELL AS ANY RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND ALL THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THE Exto PARTIES MAKE NO REPRESENTATIONS, WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEOR GUARANTEES, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, WARRANTIES TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF TITLE ANY OF THE INFORMATION OR IMPLIED CONTENT ON THE MOBILE APP, XxxxXxxx.xxx, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY NON- INFRINGEMENT, OR COMPLETENESS OF INFORMATIONAL CONTENTTITLE. THE Exto PARTIES MAKE NO REPRESENTATION, NON-INFRINGEMENT WARRANTY, OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY GUARANTEE THAT THE SERVICE WILL BE ERROR FREEMOBILE APP, SECURE XxxxXxxx.xxx OR UNINTERRUPTED SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OPERATE AT ANY MINIMUM SPEEDOTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICEPlease note, the ability to exclude warranties varies in different jurisdictions. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETTo the extent that a jurisdiction places limits on the ability for a party to exclude warranties, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICEthese exclusions exist to the extent permitted by law. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREBecause of this jurisdictional variance, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONsome of the above exclusions may not apply to you.

Appears in 1 contract

Samples: uploads-ssl.webflow.com

Disclaimer of Warranties. YOU 5.1 EXCEPT FOR THE WARRANTIES PROVIDED BY HYLAND AS EXPRESSLY AGREE THAT USE SET FORTH IN THE SCHEDULES MADE PART OF THE SERVICE IS AT YOUR SOLE RISKTHIS AGREEMENT, HYLAND AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SOFTWARE, HOSTED SOLUTION (INCLUDING ANY SOFTWARE OR HARDWARE), WORK PRODUCTS, INNOVATIONS, INFORMATION, MAINTENANCE AND SUPPORT, HOSTING SERVICES, PROFESSIONAL SERVICES OR ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT OR ANY SERVICES PROPOSAL. VIASAT HYLAND AND VIASAT’S SUBSIDIARIES ITS SUPPLIERS DISCLAIM AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM EXCLUDE ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY OTHER EXPRESS, IMPLIED AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND WARRANTIES THAT MAY ARISE OR COMPLETENESS BE DEEMED TO ARISE FROM ANY COURSE OF INFORMATIONAL CONTENTPERFORMANCE, NON-INFRINGEMENT COURSE OF DEALING OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDUSAGE OF TRADE. VIASAT HYLAND AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND ITS SUPPLIERS DO NOT WARRANT THAT ANY MAINTENANCE AND SUPPORT, HOSTING SERVICES, PROFESSIONAL SERVICES, SOFTWARE OR WORK PRODUCTS PROVIDED WILL SATISFY CUSTOMER’S REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR, OR THAT THE ACCURACY OPERATION OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICESOFTWARE OR ANY WORK PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO EXCEPT AS EXPRESSLY STATED IN A HOSTING SCHEDULE, HYLAND DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR WITH RESPECT TO ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY THIRD PARTY HARDWARE, SOFTWAREFIRMWARE, FILES SOFTWARE OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSERVICES.

Appears in 1 contract

Samples: Hyland Master Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISK. VIASAT EXPRESS REPRESENTATIONS AND VIASAT’S SUBSIDIARIES WARRANTIES SET FORTH IN THE AGREEMENT (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA), AVEVA AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, DIRECTORS SHAREHOLDERSREPRESENTATIONS, EMPLOYEESOR STATEMENTS, AGENTSWHETHER EXPRESS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED IMPLIED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, STATUTORY INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, PURPOSE EXCEPT TO THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM EXTENT THAT ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL WARRANTIES IMPLIED BY LAW CANNOT BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEEDVALIDLY WAIVED. NO ORAL ADVICE OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIASAT AVEVA, ITS DEALERS, DISTRIBUTORS OR ANY OF VIASAT’S PARTNERS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY; NOR SHALL YOU WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO AVEVA DOES NOT WARRANT THAT THE ACCURACY OF PRODUCTS OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PRODUCTS OR SERVICES WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN AVEVA’S DOCUMENTATION (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA), THAT THE OPERATION OF THE INFORMATION YOU OBTAIN THROUGH PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICEPRODUCTS OR SERVICES WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. VIASAT THE PRODUCTS AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE SUBJECT TO OR LOSS OR DESTRUCTION OF ANY HARDWARETRANSMISSION ERRORS, SOFTWAREDELIVERY FAILURES, FILES OR DATA RESULTING FROM YOUR DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE SERVICEINTERNET AND ELECTRONIC COMMUNICATIONS. SOME JURISDICTIONS DO FOR THE AVOIDANCE OF DOUBT, AVEVA DISCLAIMS ALL LIABILITY FOR INFRINGEMENT CLAIMS OF ANY KIND ARISING FROM: (A) ANY CUSTOMER USE OF AVEVA PRODUCTS BEYOND THE SCOPE OF THE AGREEMENT; (B) CUSTOMER’S USE OF AVEVA PRODUCTS IN COMBINATION WITH ANY PRODUCTS NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESDEVELOPED BY AVEVA, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THE CLAIM IS SUCH EXCLUSION IS NOT ALLOWED COMBINED USE; (C) CUSTOMER’S FAILURE TO USE UPDATED OR MODIFIED VERSIONS OF AVEVA PRODUCTS PROVIDED OR MADE AVAILABLE BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED AVEVA WITHOUT ADDITIONAL CHARGE; OR (D) AVEVA’S COMPLIANCE WITH DESIGNS OR SPECIFICATIONS OF A PUBLISHED STANDARD OR AS PROVIDED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONCUSTOMER.

Appears in 1 contract

Samples: Legally Binding Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF EXCEPT FOR THE SERVICE IS AT YOUR SOLE RISKEXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THE AGREEMENT, <Kindly enter Company name>. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, DIRECTORS SHAREHOLDERSREPRESENTATIONS, EMPLOYEESOR STATEMENTS, AGENTSWHETHER EXPRESS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED IMPLIED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, STATUTORY INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD IMPLIED WARRANTIES OF MERCHANTABILITY OR DOWNLOAD SPEEDSFITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY <Kindly enter Company name>., ITS DEALERS, DISTRIBUTORS OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. <Kindly enter Company name>. DOES NOT WARRANT THAT THE PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE PRODUCTS WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN <Kindly enter Company name>. DOCUMENTATION (AS APPLICABLE), THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDAND MAY BE SUBJECT TO TRANSMISSION ERRORS, EITHER EXPRESS OR IMPLIEDDELIVERY FAILURES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT DELAYS AND OTHER LIMITATIONS INHERENT IN THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, INTERNET AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONELECTRONIC COMMUNICATIONS.

Appears in 1 contract

Samples: Cloud Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE NEITHER XXXXX XXX NOR ANY PROVIDER OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DOES XXXXX XXX, ANY AND ALL WARRANTIES THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD SERVICE OR DOWNLOAD SPEEDSTHE CONTENT. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU THE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND ", AS AVAILABLE" BASIS WITHOUT BASIS. NONE OF XXXXX XXX, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEIS ASSUMED SOLELY BY YOU. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OF LIMITS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION LIMITATIONS MAY NOT APPLY TO YOU. 7. LIMITATION OF LIABILITY NEITHER XXXXX XXX, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXX XXX IS SPECIFICALLY NOT LIABLE FOR ANY DAMAGES IF YOU PREPARE AN APPRAISAL OR IF YOU ORIGINATE, UNDERWRITE, PURCHASE, SELL, SERVICE, TRANSFER OR TAKE ANY OTHER ACTION ON A LOAN BASED ON INFORMATION IN THE SERVICE WHICH IS INCORRECT. The information included in the Service is republished by Xxxxx Xxx with the express written permission of the agencies, companies and organizations who have authored and own this information. The Service is provided solely by Xxxxx Xxx. The agencies, companies and organizations do not sponsor or endorse the Service and specifically disclaim any liability or responsibility for its accuracy or completeness. Although Xxxxx Xxx strives to include the most comprehensive, current and accurate guidelines in the Service, this Service is most useful as a general guide to today's practices. The information provided by the agencies, companies and organizations changes from time to time so that a total reliance on the information in the Service as an authoritative expression of this information would be inappropriate. Final reliance should always be placed on the manuals, memorandums and other documentation distributed directly by these agencies, companies and organizations. No action, regardless of form, arising out of this Agreement may be brought by you more than twelve months after the cause of action has arisen. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, XXXXX XXX'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE EXTENT SUCH EXCLUSION IS NOT ALLOWED AMOUNT OF THE SUBSCRIPTION FEES PAID BY APPLICABLE LAWYOU FOR THE USE OF THE SERVICE. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY REMEDIES AVAILABLE TO YOU GIVES YOU SPECIFIC LEGAL RIGHTSAGAINST XXXXX XXX UNDER THIS LICENSE ARE EXCLUSIVE. SOME STATES DO NOT ALLOW LIMITS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND YOU ALSO SO THESE LIMITS MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONNOT APPLY TO YOU.

Appears in 1 contract

Samples: Allregs Online License Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MIGRATIONWIZ SERVICE OFFERING AND THE SERVICE IS AT YOUR SOLE RISK. VIASAT SITES, INCLUDING THE INFORMATION, CONTENT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSMATERIALS CONTAINED THEREIN, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BITTITAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY COURSE OF PERFORMANCE, COURSE OF DEALING OR COMPLETENESS USAGE OF INFORMATIONAL CONTENTTRADE, TITLE AND NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS AS TO THE MIGRATIONWIZ SERVICE OFFERING AND THE SERVICES SITES, INCLUDING THE INFORMATION, CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICEMATERIALS CONTAINED THEREIN. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE FULLEST EXTENT SUCH EXCLUSION IS NOT ALLOWED PERMITTED BY APPLICABLE LAW, BITTITAN DOES NOT REPRESENT OR WARRANT THAT THE MIGRATIONWIZ SERVICE OFFERING OR THE SERVICES SITES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BITTITAN DOES NOT REPRESENT OR WARRANT THAT THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSMIGRATIONWIZ SERVICE OFFERING OR SERVICES SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING (I) THAT ANY DATA HAS BEEN PROPERLY BACKEDUP PRIOR TO USING ANY MIGRATIONWIZ SERVICE OFFERING, AND YOU ALSO MAY HAVE OTHER RIGHTS (II) THAT VARY BY JURISDICTIONANY DATA MIGRATED THROUGH THE MIGRATIONWIZ SERVICE OFFERING HAS BEEN ACCURATELY REPRODUCED AT THE NEW DESTINATION.

Appears in 1 contract

Samples: Migrationwiz User Agreement

Disclaimer of Warranties. IF YOU EXPRESSLY AGREE THAT CHOOSE TO USE OF THE SERVICE IS SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. VIASAT THE CONTENT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSINFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) WE DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITYSATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL . WE DO NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY WARRANT: THAT THE SERVICE WILL BE ERROR FREESITES OR SERVICES, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTYTHEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; NOR SHALL YOU RELY THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ,INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY SUCH INFORMATION REPRESENTATIONS REGARDING THE USE OR ADVICETHE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS DUE TO THE CONTENT AVAILABLE ON NATURE OF THE INTERNET, VIASAT DELTA SONIC CANNOT GUARANTEE THE CONTINUOUS AND VIASAT’S PARTNERS CANNOT UNINTERRUPTED AVAILABILITY AND DO NOT WARRANT ACCESSIBILITY OF THE ACCURACY SITES OR SERVICES. DELTA SONIC MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE INFORMATION YOU OBTAIN THROUGH MATERIALS CONTAINED IN THE SERVICE. VIASAT SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE EXCLUSIVE REMEDY IS TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONOUR SITES OR SERVICES.

Appears in 1 contract

Samples: Delta Sonic Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY AGREE EXCEPT AS OTHERWISE STATED ABOVE, SYSMEX DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED SECURE, TIMELY, UNINTERRUPED OR ERROR FREE AS WELL AS ANY FREE, OR THAT THE SUBSCRIPTION SERVICE WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SUBSCRIPTION SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THE SUBSCRIPTION SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY SYSMEX OR THAT SYSMEX AND ALL WARRANTIES AS ITS THIRD- PARTY VENDORS WILL, USING INDUSTRY STANDARD MEASURES, BE ABLE TO PREVENT UNAUTHORIZED PARTIES FROM ACCESSING THE RESULTS TO BE OBTAINED FROM USE OF THE SUBSCRIPTION SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE WARRANTIES STATED ABOVE ARE THE SOLE AND ANY ANCILLARY PRODUCTS EXCLUSIVE WARRANTIES OFFERED BY SYSMEX. THERE ARE NO OTHER WARRANTIES OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THOSE OF TITLE MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED ABOVE, ACCURACY THE SUBSCRIPTION SERVICE IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SUBSCRIPTION SERVICE OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE SERVICECUSTOMER’S PURPOSE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE11 U.S. GOVERNMENT RESTRICTED RIGHTS Any use of the Subscription Service by or on behalf of the United States of America, SOFTWAREits agencies and/or instrumentalities (“U.S. Government”), FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEis provided with Restricted Rights. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESUse, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWduplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph I(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs I(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.12 DEFINITIONS

Appears in 1 contract

Samples: Service Area Binding Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSExcept for the limited warranties set forth in Section 15, DIRECTORS SHAREHOLDERS(i) by receiving the Services and Goods, EMPLOYEESCustomer acknowledges the Services and Goods to be in good, AGENTSsafe, WHOLESALERSand serviceable condition, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN and Customer accepts the Services and Goods "AS IS, WHERE IS" AND and "AS AVAILABLEWITH ALL FAULTS," BASIS WITHOUT WARRANTIES OF regardless of defects, latent or otherwise, and (ii) WSECO makes no warranties, express or implied, for any Services and Goods, equipment, product, or other items sold or furnished under this Service Agreement, unless agreed to in a separate writing between Customer and WSECO. WSECO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (a) WARRANTY OF MERCHANTABILITY, ; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, ACCURACY OR COMPLETENESS COURSE OF INFORMATIONAL CONTENTDEALING, NON-INFRINGEMENT COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, EXCEPT THE FOREGOING SHALL . CUSTOMER ACKNOWLEDGES THAT IT HAS NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM RELIED UPON ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEMADE BY WSECO, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OTHER PERSON ON WSECO'S BEHALF, EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT. ALTHOUGH WSECO MAY ADMINISTER WARRANTIES ISSUED BY A MANUFACTURER, CUSTOMER ACKNOWLEDGES AND AGREES THAT (1) ANY EXPRESS WARRANTIES BY SUCH MANUFACTURER ARE NOT THE RESPONSIBILITY OF VIASAT’S PARTNERS SHALL CREATE A WSECO ; (2) SUCH MANUFACTURER'S WARRANTY MAY CONTAIN LIMITATIONS; AND (3) CUSTOMER MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES BY WSECO WHICH ARE NOT COVERED BY SUCH MANUFACTURER 'S WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONAny warranty by WSECO shall be null and void and have no legal effect if Customer fails to pay any amounts due for the Services and Goods at issue.

Appears in 1 contract

Samples: Service Agreement Terms and Conditions

Disclaimer of Warranties. YOU BROKER EXPRESSLY AGREE AGREES THAT BROKER'S USE OF THE SERVICE NETEXCHANGE SERVICES AND NETEXCHANGE SOFTWARE PROVIDED FOR USE IN ACCESSING NETEXCHANGE IS AT YOUR BROKER'S SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH NEITHER PERSHING NOR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERSCONTRACTORS, DEALERSAFFILIATES, DISTRIBUTORSINFORMATION PROVIDERS, SUPPLIERSLICENSORS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELYOR OTHER SUPPLIERS PROVIDING DATA, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES INFORMATION, SERVICES OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE NEW YORK STOCK EXCHANGE, INC., WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS FREE; NOR DO ANY AND ALL WARRANTIES OF THEM MAKE ANY WARRANTY AS TO THE RESULTS TO THAT MAY BE OBTAINED FROM THE USE OF NETEXCHANGE SERVICES OR NETEXCHANGE SOFTWARE, OR AS TO THE SERVICETIMELINESS, INCLUDINGSEQUENCE, WITHOUT LIMITATIONACCURACY, COMPLETENESS. RELIABILITY OR CONTENT OF ANY MINIMUM UPLOAD DATA, INFORMATION, SERVICES, OR DOWNLOAD SPEEDSTRANSACTIONS PROVIDED THROUGH NETEXCHANGETM, OR WITH RESPECT TO ANY NETEXCHANGE SOFTWARE. THE NETEXCHANGE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES NETEXCHANGE'SOFTWARE IS PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND ", AS AVAILABLE" BASIS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THOSE OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT MODIFICATION UNDER THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS LAWS APPLICABLE TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONTHIS AGREEMENT.

Appears in 1 contract

Samples: Pinnacle Global Group Inc

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED ECODELOGICAL PROVIDES NO REPRESENTATION OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF INFORMATIONAL DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ECODELOGICAL DOES NOT WARRANT THAT THE SERVICES WILL MEET THE CLIENT'S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CLIENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS SERVICE AGREEMENT, ECODELOGICAL PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, COURSE OF PERFORMANCE INTELLECTUAL PROERTY RIGHTS, THE CONTENT, NON-INFRINGEMENT AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. CLIENT ACKNOWLEDGES THAT THE SOFTWARE AND ECODELOGICAL’S PERFORMANCE UNDER THIS AGREEMENT IS DEPENDENT UPON THE DECISIONS, APPROVALS, AND SPECIFICATIONS PROVIDED BY CLIENT, UPON WHICH ECODELOGICAL WILL RELY. ECODELOGICAL DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM WITHOUT ERROR OR OTHERWISETHAT IT WILL RUN WITHOUT IMMATERIAL INTERRUPTION. ECODELOGICAL PROVIDES NO WARRANTY REGARDING, EXCEPT AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (A) A MODIFICATION OF THE FOREGOING SHALL SOFTWARE MADE BY ANYONE OTHER THAN ECODELOGICAL, UNLESS ECODELOGICAL APPROVES SUCH MODIFICATION IN WRITING; OR (B) USE OF THE SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT APPLY IN STATES WHERE IT IS PROHIBITEDAUTHORIZED UNDER AN ORDER FORM OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN UNDER AN ORDER FORM. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY ECODELOGICAL PROVIDES NO REPRESENTATION OR WARRANTY THAT THE SERVICE SOFTWARE PRODUCED UNDER THIS AGREEMENT WILL BE ERROR FREE, SECURE APPROVED BY A THIRD-PARTY APP STORE PROVIDER (E.G. APPLE’S "APP STORE” OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASATGOOGLE’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION“PLAY STORE”).

Appears in 1 contract

Samples: Professional Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSXXXXXX VALLEY CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, DIRECTORS SHAREHOLDERSHARDWARE, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED SOFTWARE OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE INTERNET PROVIDER SERVICE, INCLUDINGOR ANY PART OF THEM, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXX VALLEY CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR XXXXXX VALLEY CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. LIMITATION OF LIABILITY. XXXXXX VALLEY CREDIT UNION AND EACH THIRD PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY SOFTWARE PROVIDED BY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS.” WITHOUT LIMITING THE FOREGOING, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTEACH THIRD PARTY DOES NOT REPRESENTOR WARRANT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM DISCLAIMS ANY REPRESENTATION OR WARRANTY WARRANTY, THAT THE OPERATION OF THE SERVICE OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS ORFEATURES OF THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICE, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY LESSER OF THE INFORMATION YOU OBTAIN THROUGH ACTUAL DAMAGES INCURRED BY MEMBER OR THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FEES PAID BY MEMBER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW RESPECTIVE THIRD PARTY SOFTWARE IN THE EXCLUSION OF IMPLIED WARRANTIES, SO TWELVE (12) MONTHS PRIOR TO WHEN THE ABOVE EXCLUSION MAY NOT APPLY TO YOU EVENT GIVING RISE TO THE EXTENT LIABILITY TOOK PLACE, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONDAMAGES.

Appears in 1 contract

Samples: Banking Personal Financial Management Service Agreement Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY AGREE LESSEE ACKNOWLEDGES THAT USE OF LESSEE HAS SELECTED BOTH THE SERVICE IS AT YOUR SOLE RISKSUPPLIER AND THE LEASED EQUIPMENT AND HAS REQUESTED LESSOR TO PURCHASE SAME FOR LESSEE AND, IN TURN, LEASE SAME THERETO. VIASAT LESSOR LEASES THE EQUIPMENT AS-IS, WHERE-IS, AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND WITH ALL WARRANTIES FAULTS. LESSEE ACKNOWLEDGES THAT THE SERVICE WILL BE UNINTERRUPTED EQUIPMENT IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY LESSEE AND THAT LESSEE IS SATISFIED THAT THE SAME IS SUITABLE FOR LESSEES PURPOSES, AND THAT LESSOR HAS MADE NO REPRESENTATION OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS WARRANTY WITH RESPECT TO THE RESULTS TO BE OBTAINED FROM USE SUITABILITY OR DURABILITY OF SAID EQUIPMENT FOR THE SERVICEPURPOSES AND USES OF LESSEE, INCLUDINGOR ANY OTHER REPRESENTATION OR WARRANTY, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT THERETO, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LESSEE FURTHER ACKNOWLEDGES THAT FOR ALL PURPOSES HEREUNDER THE SUPPLIER IS LESSEE'S AGENT. LESSEE ACKNOWLEDGES THAT SUPPLIER IS NOT AN AGENT OF OR SPOKESMAN FOR LESSOR AND THAT NO STATEMENTS, ACCURACY ACTS, OMISSIONS OR COMPLETENESS REPRESENTATIONS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT SUPPLIER ARE BINDING ON LESSOR. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A DEALER OR OTHERWISE, EXCEPT MERCHANT OF THE FOREGOING SHALL GOODS LEASED AND LESSEE REPRESENTS THAT LESSEE HAS NOT APPLY RELIED ON LESSOR'S SKILL OR JUDGMENT IN STATES WHERE IT SELECTING OR FURNISHING THE EQUIPMENT. LESSEE ACKNOWLEDGES AND AGREES THAT NEITHER SUPPLIER NOR ANY OTHER PERSON IS PROHIBITED. VIASAT AUTHORIZED TO MAKE ANY STATEMENTS OR REPRESENTATIONS AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT NONE ARE BINDING ON LESSOR AND FURTHER THAT THE SERVICE WILL BE ERROR FREE, SECURE BREACH OF SUCH DO NOT RELIEVE LESSEE OF OR UNINTERRUPTED OR OPERATE AT IN ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR WAY AFFECT ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICELESSEE'S OBLIGATIONS TO LESSOR HEREIN. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETIf the Equipment is not properly installed, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICEor is unsatisfactory for any reason, Lessee shall, nevertheless, pay Lessor all rental payable under this Lease and shall not set up against Lessee's obligations any such claims as a defense, counterclaim, offset or otherwise. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARELessee further agrees that it hereby waives any claim (including any claim based on strict or absolute liability in tort) it might have against Lessor for any loss, SOFTWAREdamage (including incidental or consequential damage) or expense caused by the Equipment and will defend, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEindemnify. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESand hold Lessor harmless from any claims. actions, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAWor causes of action arising out of said Equipment. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSLessee will make any claims for any unsatisfactory item only against the manufacturer, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSupplier, or seller and at its own expense and not against Lessor. All warranties to the extent that they are assignable, if any, from the Supplier to the Lessor are assigned to the Lessee for the term of this Lease as long as the Lease is not in default for the Lessee to exercise at its expense. All warranty as to any tax or accounting consequences resulting from this Lease are disclaimed by Lessor and Lessee represents to Lessor it has sought and obtained independent professional advice and has relied on same in deciding to enter into this Lease and Lessee assumes all tax and accounting risks and all risks as to the stylization of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sma Real Time Inc)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE SUBJECT TO ANY APPLICABLE “COUNTRY SPECIFIC TERMS” SET OUT BELOW TABLE 1 IN THIS CONTRACT FOR CUSTOMER’S CONTRACT JURISDICTION AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FIELD CONNECT SERVICES AND FIELD CONNECT SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS, OR ANY OF THEIR AFFILIATES HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO JOHN DEERE’S OR THE SERVICE IS AT YOUR SOLE RISKUNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR THE FIELD CONNECT SERVICES. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF XXXX DEERE AND ITS AFFILIATES, AND THE UNDERLYING WIRELESS PROVIDERS AND THEIR RESPECTIVE OFFICERSAFFILIATES EXPRESSLY DISCLAIMS, DIRECTORS SHAREHOLDERSAND CUSTOMER EXPRESSLY WAIVES, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS RELEASES AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND RENOUNCES ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED ARISING IN LAW OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICEOTHERWISE, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: (A) ANY MINIMUM UPLOAD IMPLIED WARRANTY OF MERCHANTABILITY OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COMPLETENESS USAGE OF INFORMATIONAL CONTENTTRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, NON-INFRINGEMENT AVAILABILITY OR OTHERWISECONTENT OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDER’S SYSTEM, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM FIELD CONNECT SERVICES OR ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN OTHER SERVICES PROVIDED BY VIASAT JOHN DEERE OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION ITS AFFILIATES, OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF UNDERLYING WIRELESS PROVIDERS OR ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICETHEIR AFFILIATES USING ANY UNDERLYING WIRELESS PROVIDER’S SYSTEM; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER REPRESENTATION OR OTHER AFFIRMATION OF FACT. INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREUSE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION THAT IS NOT ALLOWED CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSJOHN DEERE OR ANY OF ITS AFFILIATES, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONOR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES.

Appears in 1 contract

Samples: Connect Subscription Contract

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE APPLE SOFTWARE IS AT YOUR SOLE RISK. VIASAT RISK AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE RESULTS TO BE OBTAINED FROM USE OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE APPLE SOFTWARE AND ANY ANCILLARY PRODUCTS SERVICES PERFORMED OR SERVICES PROVIDED OR SOLD TO YOU BY THE APPLE SOFTWARE ("SERVICES") ARE DISTRIBUTED ON AN PROVIDED "AS IS" ", WITH ALL FAULTS AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OR OTHERWISEOF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE ERROR UNINTERRUPTED OR ERROR-FREE, SECURE OR UNINTERRUPTED THAT DEFECTS IN THE APPLE SOFTWARE OR OPERATE AT ANY MINIMUM SPEEDSERVICES WILL BE CORRECTED. NO ORAL ADVICE OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIASAT APPLE OR ANY OF VIASAT’S PARTNERS AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY; NOR SHALL . SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU RELY ON ANY SUCH INFORMATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICECORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESWARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONYOU.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CLOUDLAW PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY. NONE OF THE CLOUDLAW PARTIES MAKE ANY REPRESENTATIONS OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE SITE OR SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AS WELL AS FREE; NOR DO ANY AND ALL WARRANTIES OF THE CLOUDLAW PARTIES MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS TO THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESITE OR SERVICES. THE CLOUDLAW PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF YOUR USE OF THE SITE AND SERVICES AND AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH A LAW FIRM. CLOUDLAW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LAW FIRM, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD LAW FIRM’S ABILITY TO OBTAIN A FAVORABLE RESULT. NO CLOUDLAW PARTY MAKES ANY REPRESENTATIONS OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES OR THE INFORMATION, CONTENT, DATA, OR MATERIALS, DISPLAYED ON THE SITE AND ITS SERVICES. IN NO EVENT SHALL ANY OF THE CLOUDLAW PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES DAMAGES FOR LOSS OF TITLE PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR IMPLIED WARRANTIES INABILITY TO USE THE SITE OR SERVICES, EVEN IF A CLOUDLAW PARTY HAS BEEN ADVISED OF MERCHANTABILITYTHE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ANY DATA, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISESOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, EXCEPT SERVICES, OR APPLICATION PROGRAMMING INTERFACES OR ANY THIRD PARTY PRODUCT ACCESSING THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT SITE AND SERVICES IS PROHIBITED. VIASAT AT YOUR OWN DISCRETION AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RISK AND THAT THE SERVICE YOU WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA OR DESTRUCTION BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF DATA, CONTENT, OR SERVICES. CLOUDLAW SHALL NOT BE RESPONSIBLE FOR ANY HARDWARELOSS OR DAMAGE CAUSED, SOFTWAREOR ALLEGED TO HAVE BEEN CAUSED, FILES DIRECTLY OR DATA RESULTING INDIRECTLY, BY THE INFORMATION OR IDEAS OR CONTENT CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR USE AND PARTICIPATION IN THE SITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUDLAW OR THROUGH ANY OF THE CLOUDLAW PARTIES OR THIRD PARTIES ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW SITE AND SERVICES, THAT YOUR USE OF THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION SITE AND SERVICE IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONAT YOUR SOLE RISK.

Appears in 1 contract

Samples: Consumer User Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: YOUR USE OF THE SERVICE ACCOUNT FUNDING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ACCOUNT FUNDING SERVICES IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR ACCOUNT FUNDING SERVICES ARE PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT BASIS. EXCEPT AS OTHERWISE STATED HEREIN, FIRST NEW YORK (AND ITS SERVICE PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE ACCOUNT FUNDING SERVICES AND ALL INFORMATION, EITHER PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ACCOUNT FUNDING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDPURPOSE AND NONINFRINGEMENT. VIASAT FIRST NEW YORK AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR ITS SERVICE PROVIDERS AND SUPPLIERS MAKE NO WARRANTY THAT (I) THE SERVICE ACCOUNT FUNDING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ACCOUNT FUNDING SERVICES WILL BE ERROR UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, SECURE (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACCOUNT FUNDING SERVICES WILL BE ACCURATE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO RELIABLE, (IV) THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACCOUNT FUNDING SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INFORMATION ACCOUNT FUNDING SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR DESTRUCTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY HARDWARESUCH MATERIAL. NO ADVICE OR INFORMATION, SOFTWAREWHETHER ORAL OR WRITTEN, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED OBTAINED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, FROM FIRST NEW YORK OR ITS SERVICE PROVIDERS AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONSUPPLIERS THROUGH OR FROM THE ACCOUNT FUNDING SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Account Verification Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE SELLER REPRESENTS AND WARRANTS TO BUYER THAT USE SELLER HAS THE RIGHT TO GRANT ALL LICENSE RIGHTS GRANTED IN THIS AGREEMENT. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE PRECEDING SENTENCE AND THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3.1 OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT ASSET PURCHASE AGREEMENT, SELLER HAS MADE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE LICENSED COPYRIGHTS OR THE LICENSED TRADEMARKS AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSBUYER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INCLUDINGBUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1 OF THE ASSET PURCHASE AGREEMENT, BUYER IS LICENSING THE RIGHTS GRANTED HEREUNDER ON AN “AS IS, WHERE IS” BASIS WITHOUT LIMITATION, WARRANTIES OF TITLE ANY EXPRESS OR IMPLIED WARRANTIES WARRANTIES, EITHER IN FACT OR BY OPERATION OF MERCHANTABILITYLAW, BY STATUTE OR OTHERWISE, INCLUDING ANY WARRANTY OF QUALITY, THE FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS MERCHANTABILITY, CONDITION OF INFORMATIONAL CONTENTTHE ASSETS, AS TO THE NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION INTELLECTUAL PROPERTY RIGHTS OF ANY HARDWARE, SOFTWARE, FILES PERSON OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY AS TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE ANY OTHER RIGHTS THAT VARY BY JURISDICTIONMATTER.

Appears in 1 contract

Samples: License Agreement (Concordia Healthcare Corp.)

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE SERVICES ARE AT YOUR AND YOUR GUESTS, PATRONS, EMPLOYEES AND OTHER END USERS IS AT YOUR SOLE RISK. VIASAT SAT-MENA AND VIASATSAT-MENA’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS LICENSORS, AND THIRD THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S SAT-XXXX’X PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE FREE, AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS, OR LATENCY PERFORMANCE. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDINFRINGEMENT. VIASAT SAT-MENA AND VIASAT’S SAT-XXXX’X PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE SECURE, OR UNINTERRUPTED UNINTERRUPTED, OR WILL OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT SAT-MENA OR ANY OF VIASATSAT-MENA’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT SAT-MENA PROVIDES CUSTOMERS YOU WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT SAT-MENA AND VIASATSAT-MENA’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT SAT-MENA AND VIASAT’S SAT-XXXX’X PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES FILES, OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Appears in 1 contract

Samples: Master Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE Section 6.1 Title; Encumbrances. AT CLOSING, SELLER WILL CONVEY THE PROPERTY TO BUYER WITHOUT WARRANTY OF TITLE, EXPRESS, STATUTORY OR IMPLIED. IT IS UNDERSTOOD AND AGREED THAT USE ANY STATEMENT OF INTERESTS IN EXHIBIT A OR IN THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS ASSIGNMENT DOCUMENTS TO BE OBTAINED FROM USE OF EXECUTED AT CLOSING IS NOT A WARRANTY OR REPRESENTATION BY SELLER REGARDING SELLER’S OWNERSHIP INTEREST IN THE SERVICEPROPERTY. SELLER MAKES NO REPRESENTATION REGARDING, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR FOR, ANY DAMAGE FAILURE TO MAINTAIN ANY LEASE OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICEPORTION THEREOF IN ACCORDANCE WITH ITS TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU SPECIFICALLY WITH RESPECT TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. PERMITS, EASEMENTS AND SURFACE RIGHTS AND EXCEPT AS OTHERWISE SET FORTH IN SECTION 4.12: (A) SELLER EXPRESSLY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL WARRANTIES AND REPRESENTATIONS THAT SELLER OWNS THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL PERMITS, EASEMENTS AND SURFACE RIGHTS, THAT THEY ARE IN FORCE AND YOU ALSO EFFECT, THAT THEY MAY HAVE OTHER BE ASSIGNED, THAT THEY ARE CONTIGUOUS, THAT THE EQUIPMENT LIES WITHIN THE PERMITS, EASEMENTS AND SURFACE RIGHTS, OR THAT THEY GRANT THE RIGHT TO LAY, MAINTAIN, REPAIR, REPLACE, OPERATE, CONSTRUCT, OR REMOVE THE EQUIPMENT, AND (B) SELLER EXPRESSLY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL WARRANTIES AND REPRESENTATIONS THAT THERE ARE ANY PERMITS, EASEMENTS AND SURFACE RIGHTS THAT VARY BY JURISDICTIONIN FORCE AND EFFECT WITH RESPECT TO THE EQUIPMENT. Buyer shall secure, at its own expense, rights to operate and maintain any Equipment on third-party property if any of the Permits, Easements and Surface Rights listed in Exhibit A, Schedule 2 necessary to operate and maintain such Equipment are not transferred to Buyer at Closing on account of failure to obtain any Consent set forth in Exhibit H, and such Equipment will continue to be used after Closing in the manner used prior to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Disclaimer of Warranties. We have put in a great deal of effort to provide the Site and Services to you. We hope you find them valuable, but there are certain things we can’t promise about them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE SITE, SERVICES, AND ANY CONTENT IS AT YOUR SOLE RISK. VIASAT OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ALGODEX BVI NOR ITS ASSOCIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR SITE CONTENT. THE SITE AND VIASAT’S SUBSIDIARIES SITE CONTENT ARE PROVIDED ON AN “AS IS” AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDINGAVAILABLE” BASIS, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALGODEX BVI NOR ITS ASSOCIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, INCLUDINGSECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITATIONLIMITING THE FOREGOING, ALGODEX BVI AND ITS ASSOCIATES DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SITE OR SERVICES, AND ALGODEX BVI MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. ALGODEX BVI PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ALGODEX BVI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR SERVICES. ALGODEX BVI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE SITE OR SERVICES WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALGODEX BVI MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALGODEX BVI AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF TITLE ANY KIND, WHETHER EXPRESS OR IMPLIED IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, PURPOSE AND NON-INFRINGEMENT OR OTHERWISEINFRINGEMENT. Representations & Warranties You represent and warrant to Algodex BVI each time you use the Site or Services as follows:  That you are not a Prohibited Person or residing in a Prohibited Jurisdiction;  That, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREEif you are using the Site on behalf of a legal entity (i) such legal entity is duly organized and validly existing under applicable law of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;  That you understand the risks associated with using the Site and the Services;  That you are not otherwise prohibited by applicable law from using the Site and Services;  That you have had the opportunity to seek legal, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTYaccounting, taxation and other professional advice regarding this Agreement, Site, and Services; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET That you will not use the Site or Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREor to further, SOFTWAREany breach of applicable law, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESor to deal in any unlawful property, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSfunds, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.or proceeds;  That you will not any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy found at [insert Link]  That you are currently in compliance with, and must, at your own cost and expense, comply with applicable law that relate to or affect the Services conducted under this Agreement;  That you consent to any and all tax and information reporting under applicable law;  That neither you nor any of your affiliates will use the Services directly or indirectly

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE PENCHECKS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE IS AT YOUR SOLE RISKINFORMATION CONTAINED IN THE DOCUMENTS OR RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH PENCHECKS MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PENCHECKS SITES, DOCUMENTS OR THIRD PARTY CONTENT INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF THEIR RESPECTIVE OFFICERSMERCHANTABILITY, DIRECTORS SHAREHOLDERSFITNESS FOR A PARTICULAR PURPOSE OR USE, EMPLOYEESOR NON-INFRINGEMENT. THE PENCHECKS SITES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS DOCUMENTS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD ARE MADE AVAILABLE TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF AND PENCHECKS DOES NOT WARRANT THAT ANY KINDDEFECTS OR INACCURACIES WILL BE CORRECTED. PENCHECKS DOES NOT WARRANT THAT THE PENCHECKS SITES, EITHER EXPRESS DOCUMENTS OR IMPLIEDTHIRD PARTY CONTENT WILL MEET YOUR NEEDS, INCLUDINGOR THAT THEY WILL BE UNINTERRUPTED, WITHOUT LIMITATIONTIMELY, WARRANTIES OF TITLE SECURE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NONERROR-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITEDFREE. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR PENCHECKS ALSO MAKES NO WARRANTY THAT THE SERVICE RESULTS OBTAINED FROM THE USE OF THE PENCHECKS SITES OE DOCUMENTS WILL BE ERROR FREEACCURATE OR RELIABLE, SECURE OR UNINTERRUPTED THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOCUMENT OR OPERATE AT ANY MINIMUM SPEEDOTHER MATERIAL BY YOU THROUGH THE PENCHECKS SITES WILL MEET YOUR EXPECTATIONS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNETFULLEST EXTENT PROVIDED BY LAW, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO PENCHECKS WILL NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER BE LIABLE FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWAREDAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, SOFTWAREVIRUSES, FILES OR DATA RESULTING FROM OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICESITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. SOME JURISDICTIONS DO Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, PENCHECKS AND THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY BE LIABLE TO YOU TO OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST INCOME, LOST DATA, OPPORTUNITY COSTS OR DAMAGE THAT RESULT FROM USE, LOSS OF USE, OR PERFORMANCE OF THE EXTENT PENCHECKS SITES, DOCUMENTS AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF PENCHECKS AND THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH EXCLUSION IS DAMAGES OR LOSSES. PENCHECKS SHALL NOT ALLOWED BY APPLICABLE LAWBE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH PENCHECKS DOES NOT HAVE DIRECT CONTROL. THE LIMITED WARRANTY CONCERNING THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTSOR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND YOU ALSO MAY HAVE INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER RIGHTS THAT VARY BY JURISDICTIONACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

Appears in 1 contract

Samples: Binding Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE THE SUBSCRIBED WORKS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF THE SERVICE IS AT YOUR SOLE RISKANY KIND, EITHER EXPRESSED OR IMPLIED, OR STATUTORY. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES CROWE DOES NOT WARRANT THAT THE SERVICE SUBSCRIBED WORKS WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ERROR- FREE; NOR DOES CROWE MAKE ANY AND ALL WARRANTIES WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICESUBSCRIBED WORKS. CROWE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, INCLUDINGIMPLIED, OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENTCOMPLETENESS, NON-CURRENTNESS, ACCURACY, NON- INFRINGEMENT OR OTHERWISETHOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USE OR TRADE. USER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE SUBSCRIBED WORKS TO ACHIEVE INTENDED RESULTS AND FOR THE CONFIGURATION USE AND RESULTS OBTAINED FROM THE SUBSCRIBED WORKS. SPECIFICALLY, EXCEPT XXXXX IS NOT RESPONSIBLE FOR FEES TO DEFEND ANY TAX AUDITS, PENALTIES, INTEREST OR ANY OTHER COSTS ASSOCIATED FROM USE OF THE FOREGOING SHALL SUBSCRIBED WORKS. XXXXX DOES NOT APPLY IN STATES WHERE IT IS PROHIBITEDWARRANT THE PERFORMANCE OF THE SUBSCRIBED WORKS OR RESULTS USER MAY OBTAIN BY USING THE SUBSCRIBED WORKS, SUCH FILES, OR THE RESULTING DOCUMENTATION OR FORMS. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY CROWE DOES NOT WARRANT THAT THE SERVICE FUNCTIONS CONTAINED IN THE SUBSCRIBED WORKS WILL MEET USER’S REQUIREMENTS OR THAT THE OPERATION OF THE SUBSCRIBED WORKS WILL BE UNINTERRUPTED OR ERROR FREE, SECURE VIRUS FREE, OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONCONTINUOUSLY AVAILABLE.

Appears in 1 contract

Samples: Portal User Agreement

Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERSSET FORTH IN THIS AGREEMENT: INTEGRATED EXPRESSLY DISCLAIMS ALL WARRANTIES, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE LICENSED SOFTWARE OR ITS QUALITY, WITHOUT LIMITATION, INCLUDING ANY WARRANTIES OF TITLE MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; INTEGRATED MAKES NO REPRESENTATION CONCERNING THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED SOFTWARE; AND THE LICENSED SOFTWARE IS LICENSED "AS-IS" AND "WITH ALL FAULTS." NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, ACCURACY INTEGRATED DOES NOT WARRANT THAT THE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR COMPLETENESS ERROR-FREE OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF INFORMATIONAL CONTENT, NON-INFRINGEMENT BEING CORRECTED. NEITHER WXXXXX NOR ABWI WILL EXTEND ANY WARRANTIES FOR OR OTHERWISE, EXCEPT THE FOREGOING SHALL ON BEHALF OF INTEGRATED NOT APPLY SPECIFIED IN STATES WHERE IT IS PROHIBITED. VIASAT THIS AGREEMENT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY WILL MAKE NO REPRESENTATION OR WARRANTY THAT REGARDING THE SERVICE LIKELIHOOD OF PROFITABLE TRADING BASED ON THE LICENSED SOFTWARE. IN NO EVENT WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT INTEGRATED INCUR ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT LIABILITY TO WXXXXX OR ANY AUTHORIZED USER ARISING OUT OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON (I) ANY CONTRACT OR ARRANGEMENT BETWEEN WXXXXX AND ANY AUTHORIZED USER UNLESS EXPRESSLY AGREED TO IN WRITING, OR (II) ANY COMMUNICATIONS, INTERNET AND/OR OTHER FAILURE AFFECTING THE LICENSED SOFTWARE ARISING IN CONNECTION WITH ACTS OF GOD OR THIRD PARTY ACTIONS OR OMISSIONS. INTEGRATED WILL, HOWEVER, USE COMMERCIALLY REASONABLE EFFORTS TO TELEPHONE THIRD PARTIES WHOSE SYSTEMS FAIL IN ORDER TO REQUEST THEY REPAIR SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONFAILURES.

Appears in 1 contract

Samples: Software License Agreement (Watley a B Group Inc)

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