Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Appears in 2 contracts

Samples: Inksoft End User License Agreement, Inksoft End User License Agreement

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Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICES, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES IS AT WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 2 contracts

Samples: Remote Deposit Capture User Agreement, Remote Deposit Capture User Agreement

Disclaimer of Warranties. THE SOFTWAREYou agree and warrant that the information that you provide to us to register or reserve your domain name or register for the Network Solutions E-mail Service is, DOCUMENTATIONto the best of your knowledge and belief, AND SERVICES ARE PROVIDED ON AN accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Network Solutions service(s) is solely at your own risk. You agree that such service(s) is provided on an "AS ISas is," BASIS AND INKSOFT MAKES NO WARRANTIES"as available" basis. NSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE NSI MAKES NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS THE NETWORK SOLUTIONS SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DOES NSI MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR INFORMATION OBTAINED THROUGH THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, NETWORK SOLUTIONS E-MAIL SERVICE OR SERVICESTHAT DEFECTS IN THE E-MAIL SERVICE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES NETWORK SOLUTIONS E- MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. NSI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKFROM NSI OR THROUGH THE E-UPS OF MAIL SERVICE SHALL CREATE ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 2 contracts

Samples: Service Agreement (Critical Path Inc), Service Agreement (Critical Path Inc)

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. TRUIST AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE TRUIST AND AGREE SERVICE PROVIDER MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUIST OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TRUIST OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL 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 TRUIST OR SERVICE PROVIDER HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, AND (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DOWNLOAD SERVICE; (iv) UNAUTHORIZED ACCESS TO OR UPLOAD ALTERATION OF ANY MATERIAL YOUR TRANSMISSIONS OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.;

Appears in 2 contracts

Samples: Banking Service Agreement, Banking Service Agreement

Disclaimer of Warranties. THE SOFTWAREWE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESINFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF FROM US SHALL CREATE ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR OTHER TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 2 contracts

Samples: Registrar Accreditation Agreement, Registration Agreement

Disclaimer of Warranties. YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, BY STATUTE WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ARISING BY COURSE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, DISCLAIMED BY YPO TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YPO MAKES NO REPRESENTATION, INKSOFT DISCLAIMS ANY WARRANTIES FOR WARRANTY, OR GUARANTY AS TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THIS SOFTWARE, DOCUMENTATION, THE SERVICE. YPO DOES NOT REPRESENT OR SERVICES. YOU UNDERSTAND AND AGREE WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, DOCUMENTATIONSYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YPO’s SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWAREINTERNET AND ELECTRONIC COMMUNICATIONS. YPO IS NOT RESPONSIBLE FOR ANY DELAYS, DOCUMENTATIONDELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YPO RELIES UPON RESTAURANTS AND OTHER THIRD- PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. YPO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION. YPO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD- PARTY SERVICE, AND SERVICES BY YPO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THE DOWNLOAD THIRD-PARTY PROVIDERS OF PRODUCTS OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICES.

Appears in 2 contracts

Samples: Your Promotion Online Customer Service Agreement, Com Customer Service Agreement

Disclaimer of Warranties. YOUR USE OF THE SOFTWAREWEBSITE, DOCUMENTATIONITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIMARK NOR ANY PERSON ASSOCIATED WITH TRIMARK MAKES NO WARRANTIESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIMARK NOR ANYONE ASSOCIATED WITH TRIMARK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, TRIMARK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE STATUTORY, OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATED TO YOUR CONTENT PURCHASE OF GOODS OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS SERVICES FROM US, IF ANY, WILL BE GOVERNED BY THE TERMS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSALE.

Appears in 2 contracts

Samples: www.trimarkusa.com, www.trimarkusa.com

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE SECURITYA PARTICULAR USE OR PURPOSE, ACCURACY, RELIABILITY, TIMELINESSTITLE, AND PERFORMANCE OF NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THIS SOFTWARESERVICE WILL MEET YOUR REQUIREMENTS, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWAREFOREGOING WILL BE UNINTERRUPTED, DOCUMENTATIONTIMELY, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND SECURE, OR ERROR-FREE, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREFOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THIS SERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATIONTHAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS SERVICE WILL BE CORRECTED, THAT THIS SERVICE AND ANY CONTENT OR INFORMATION FOUND ON THIS SERVICE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR SOLE RISK, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE WILL BE SOLELY RESPONSIBLE FOR CREATING BACK-UPS ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY DIGITAL CONTENTSUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO INFORMATION, OBTAINED BY YOU THROUGH THIS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES. ACCORDINGLY, SO SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 2 contracts

Samples: End User License Agreement, Please

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. DBTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE DBTS MAKES NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND SERVICES THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED, STREAMED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DBTS OR THROUGH OR FROM THE SOFTWARESERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. THIS APPLICATION MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, DOCUMENTATIONIMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY DBTS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE MAY BE OBTAINED, AND SERVICES THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU AND THE DOWNLOAD OR UPLOAD OF FOR ANY MATERIAL OR DATAPURPOSE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY DBTS AND JURISDICTION TO JURISDICTIONREMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT k) YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE l) YOUR FINANCIAL INSTITUTION AND AGREE ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED ( i ) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. m) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF SERVICE WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THESE TERMS.

Appears in 2 contracts

Samples: www.3riversfcu.org, www.3riversfcu.org

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PLUGIN IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDERKIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITYTITLE, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDTHERE IS NO WARRANTY THAT THE PLUGIN WILL BE ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES PLUGIN IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATASUCH USE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKANY APPLICATIONS YOU DEVELOP THAT INTERACT WITH THE PLUGIN. YOU ACKNOWLEDGE THAT THE EVALUATION SERVICES ARE A PRE-UPS OF ANY DIGITAL CONTENT. SOME STATES RELEASE VERSION, DO NOT REPRESENT A FINAL SERVICE FROM WEBROOT, AND MAY CONTAIN BUGS, ERRORS, OR OTHER JURISDICTIONS DO NOT ALLOW PROBLEMS THAT COULD CAUSE FAILURES AND OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER. YOUR USE OF THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEVALUATION SERVICES IS ENTIRELY AT YOUR OWN RISK.

Appears in 2 contracts

Samples: Plugin License Agreement, Plugin License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. TRUIST AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE TRUIST AND AGREE SERVICE PROVIDER MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUIST OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TRUIST OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL 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 TRUIST OR SERVICE PROVIDER HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, AND (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DOWNLOAD SERVICE; (iv) UNAUTHORIZED ACCESS TO OR UPLOAD ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF (vii) ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW MATTER RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICE.

Appears in 2 contracts

Samples: Banking Service Agreement, www.truist.com

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, YOU AGREE YOUR USE OF AUTOBOOKS AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE” BASIS. BANK AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF AUTOBOOKS, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENONINFRINGEMENT. BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (I) WILL MEET YOUR REQUIREMENTS, DOCUMENTATION(II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH AUTOBOOKS WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES AUTOBOOKS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANK OR ITS SERVICE PROVDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS LIMITATION OF LIABILITY YOU AGREE THAT BANK AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATION, AND RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES BY YOU AND THE DOWNLOAD AT BANK’S WEBSITE/MOBILE APPLICATION OR UPLOAD OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (III) ANY PRODUCTS, DATA, INFOMRATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM AUTOBOOKS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS , (V) STATEMENTS OR CONDUCT OF ANYONE ON AUTOBOOKS, (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY DIGITAL CONTENTTHIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, (VII) ANY OTHER MATTER RELATING TO AUTOBOOKS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESIntegrated Payables Service Through the integrated payables service (the “Integrated Payables Service”) the Bank, SO THE ABOVE EXCLUSIONS MAY NOT APPLYin accordance with instructions and servicing guidelines contained in a service confirmation, will print and disburse checks, create and transmit ACH entries, initiate wire transfers, or initiate virtual card payments to your designated payees. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONDetails relating to the functionality of the Integrated Payables Service will be contained within the Integrated Payables Service User Guide. You authorize the Bank to act as your agent for the payment types you initiate using the Integrated Payables Service. The Bank is authorized to store, process, parse, format, generate, transmit, route and make available through the Bank’s agencies, systems, third-party financial institutions and/or third-party service providers, payment files and records, information regarding accounts, and transactions designated by you.

Appears in 2 contracts

Samples: www.southernfirst.com, www.southernfirst.com

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSWE, AND PERFORMANCE OF THIS SOFTWAREOUR SERVICE PROVIDERS, DOCUMENTATIONMAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES [SERVICES] IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE [SERVICES] WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 12. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATION, AND RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES BY YOU AND THE DOWNLOAD AT OUR WEBSITE/MOBILE APPLICATION OR UPLOAD OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS , (v) STATEMENTS OR CONDUCT OF ANY DIGITAL CONTENT. SOME STATES ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.NON-

Appears in 2 contracts

Samples: End User Agreement, www.altabanking.com

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES"AS AVAILABLE" BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICE, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SERVICES IS AT NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 2 contracts

Samples: Please, Please

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. [Business Name] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [Business Name] MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 2 contracts

Samples: Terms of Service Agreement, Terms of Service Agreement

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSWE, AND PERFORMANCE OF THIS SOFTWAREOUR SERVICE PROVIDERS, DOCUMENTATIONMAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 12. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATION, AND RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES BY YOU AND THE DOWNLOAD AT OUR WEBSITE/MOBILE APPLICATION OR UPLOAD OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-UPS PERFORMANCE OF ANY DIGITAL CONTENTTHIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESProceed with Enrollment for the Service. By clicking the "I agree" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format. By accepting, SO THE ABOVE EXCLUSIONS MAY NOT APPLYyou also agree and represent that you have the necessary equipment for accessing the Online Banking Service and for viewing electronic disclosures. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONIf you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button (If you do not agree, choose cancel below.)

Appears in 2 contracts

Samples: Payment Agreement, Payment Agreement

Disclaimer of Warranties. TO THE SOFTWAREFULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DOCUMENTATION(A) THE SERVICE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCE OR GUARANTEES OF ANY KIND, AND SERVICES ARE PROVIDED YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU; (B) VIASAT, ON AN "AS IS" BASIS ITS OWN BEHALF AND INKSOFT MAKES NO ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENTCONDITION, UNINTERRUPTED USE, MERCHANTABILITY, AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND AGREE (C) VIASAT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DOES NOT WARRANT THAT YOU HAVE RELIED ON NO REPRESENTATIONS THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR WARRANTIES ERROR-FREE, THAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION, SOFTWARE, OR SERVICE, THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED, THAT THE INFORMATION CONTAINED IN THE SERVICE IS TRUE AND ACCURATE, OR THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE FULLEST EXTENT PERMITTED SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA VIASAT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIESWARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 2 contracts

Samples: End User Terms and Conditions Agreement, End User Terms and Conditions Agreement

Disclaimer of Warranties. THE SOFTWARENASM MATERIALS, DOCUMENTATIONINCLUDING BUT NOT LIMITEED TO, NASM COURSES, SERVICES, AND SERVICES RELATED MATERIALS AND PRODUCTS, ARE PROVIDED ON AN TO YOU "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND NASM HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL NAMS MATERIALS AND SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS PURPOSE, SATISFACTORY QUALITY OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONTITLE, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSQUIET ENJOYMENT, AND PERFORMANCE OF NON- INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY NASM EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SOFTWARE, DOCUMENTATION, OR SERVICESSECTION. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER CERTAIN JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS FOREGOING EXCLUSION MAY NOT APPLYAPPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, NASM MATERIALS AND SERVICES IS AT YOUR SOLE RISK. NASM DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NASM MATERIALS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF NASM MATERIALS. XXXX TAKES PRECAUTIONS TO PROTECT NASM, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY ALSO HAVE BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER RIGHTS SUCH COMPUTER PROGRAM. NASM DOES NOT GUARANTEE OR WARRANT THAT VARY FROM STATE YOUR USE OF NASM MATERIALS OR SERVICES WILL BE ERROR- FREE OR UNINTERRUPTED. NASM MATERIALS AND SERVICES ARE PROVIDED TO STATE AND JURISDICTION YOU WITH THE UNDERSTANDING THAT NASM IS NOT RENDERING TO JURISDICTIONYOU ANY MEDICAL, LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE OR ADVICE. IF SUCH ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

Appears in 2 contracts

Samples: Terms and Conditions, Legal Agreement

Disclaimer of Warranties. YOUR USE OF THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES ARE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HSFCU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO INCLUDING ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, TITLE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES HSFCU MAKES NO WARRANTY THAT (i) THE FUNCTIONS, CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, THE SERVICE, THE SERVICE, OR CONTENT ARE HEREBY DISCLAIMEDFREE OF VIRUSES, MALWARE, ERRORS, OR OTHER HARMFUL COMPONENTS; (iv) THAT ANY INFORMATION PROVIDED TO US IS ACCURATE OR CURRENT; OR (v) THAT THE SERVICE WILL OPERATE IN A COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM, DATA, PRODUCT, OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS HSFCU DOES NOT WARRANT OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS MAKE ANY REPRESENTATION REGARDING USE, OR WARRANTIES HAVE FORMED THE BASIS RESULT OF YOUR BARGAIN HEREUNDER. USE, OF THE CONTENT OR INFORMATION, IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, TERMS OF ACCURACY, RELIABILITY, TIMELINESSOR OTHERWISE. THE CONTENT OR INFORMATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PERFORMANCE HSFCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HSFCU, ASSUME THE ENTIRE COST OF THIS SOFTWAREALL NECESSARY SERVICING, DOCUMENTATION, REPAIR OR SERVICES. YOU UNDERSTAND AND AGREE THAT CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE OR WEBSITE OR ITS CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARESUCH MATERIALS. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM HSFCU OR OUR SERVICE PROVIDERS THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF SERVICES WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THESE TERMS.

Appears in 2 contracts

Samples: Digital Banking Services Agreement, Digital Banking Services Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND SERVICES ARE AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICE, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SERVICES IS AT NONINFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA RIVERFRONT FEDERAL CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESEQUIPMENT. Riverfront Federal Credit Union 000 X. 0xx Xxxxxx Xxxxxxx, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.XX 00000 000-000-0000 or 800-451-3477

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARESERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER WRITTEN OR ORAL, AND SERVICES OBTAINED BY YOU AND FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR UPLOAD OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY MATERIAL SERVICE, WHETHER DIRECT OR DATA. INDIRECT, EXCEED THE FEES PAID BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTOWARDS SUCH SERVICE.

Appears in 2 contracts

Samples: www.adnate.in, Privacy Policy

Disclaimer of Warranties. You represent and warrant to Us that: FAILURE TO PROTECT YOUR HARDWARE AND SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS THE SOFTWARESERVICE AND TRANSMIT AN ELECTRONIC ITEM FOR DEPOSIT. ALL USES OF THE SERVICE THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO (i) EXERCISE RESPONSIBLE BEHAVIOR WHEN USING THE SERVICE, DOCUMENTATION(ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT WE PROVIDE YOU WITH RESPECT TO THE SERVICE, AND SERVICES ARE (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS. YOU AGREE TO NOTIFY US IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF THE SERVICE, THE ELECTRONICALLY DEPOSITED ITEM, OR YOUR SECURITY CREDENTIALS. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE BASIS”. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES AND ERROR-FREE, (iii) THE RESULTS THAT NO OTHER REPRESENTATIONS MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSRELIABLE, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, (iv) ANY ERRORS IN THE SERVICE OR SERVICESTECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.LEGAL MATTERS – Part IX

Appears in 1 contract

Samples: Deposit Account Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARE, DOCUMENTATION, WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE ON THE WEBSITE IS PROVIDED SOLELY ON AN "AS 'AS-IS" BASIS AND INKSOFT MAKES NO WARRANTIES/AS-AVAILABLE' BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSESPURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE WEBSITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH Lawyer / PROFESSIONAL, AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO NEITHER Xxxxxxxxx.xxx NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY Lawyer / PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY Lawyer / PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND THAT NO OTHER REPRESENTATIONS WE DO NOT GUARANTY IN ANY SERVICES OR WARRANTIES HAVE FORMED GOODS ASSOCIATED WITH THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONWEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR SERVICESTHAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. NO INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM US OR THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF WEBSITE SHALL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: www.legalifyy.com

Disclaimer of Warranties. THE SOFTWAREWE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA THAT IS DOWNLOADED OR IS OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF FROM US SHALL CREATE ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR OTHER TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Warranties. THE SOFTWAREYOU ACKNOWLEDGE AND AGREE THAT XXXXX XXXXXXXXXX SERVICES, DOCUMENTATIONINCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, DANCE AND WELLNESS CONTENT AND ADVICE, AND SERVICES NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO REGARDING XXXXX XXXXXXXXXX SERVICES INCLUDING WITHOUT LIMITATION ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITYSATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSESWARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDWE MAKE NO GUARANTEE OR WARRANTY THAT XXXXX XXXXXXXXXX SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON WE FURTHER MAKE NO REPRESENTATIONS GUARANTEE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAWPARTICULAR HEALTH AND WELLNESS GOALS, INKSOFT DISCLAIMS RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR XXXXX XXXXXXXXXX SERVICES. YOU UNDERSTAND AND AGREE THAT TO USE THE USE OF THE SOFTWARE, DOCUMENTATION, AND XXXXX XXXXXXXXXX SERVICES IS AT YOUR OWN DISCRETION SOLE RISK. YOU WILL NOT HOLD XXXXX XXXXXXXXXX OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND RISK AND THAT YOU ARE SOLELY SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWAREXXXXX XXXXXXXXXX SERVICES, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD INCLUDING WITHOUT LIMITATION ANY LOSS OR UPLOAD DAMAGE TO ANY OF ANY MATERIAL YOUR COMPUTERS OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT, AS THE XXXXX XXXXXXXXXX SERVICES MAY BECOME INTERRUPTED CONTAIN BUGS, DEFECTS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES. ACCORDINGLY, SO SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLYAPPLY TO YOU. LIMITATION ON LIABILITY. YOU HEREBY AGREE THAT XXXXX XXXXXXXXXX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE. IN THE EVENT THAT WE BECOME LIABLE FOR ANY DAMAGES WHATSOEVER, YOU AGREE THAT SUCH DAMAGES SHALL BE LIMITED IN AGGREGATE TO THE AMOUNT OF FEES OR CHARGES THAT YOU HAVE PAID TO XXXXX XXXXXXXXXX FOR GOODS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE NOT APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: These Terms

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, DOCUMENTATIONTIMELY, UNFAILINGLY SECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE SOFTWARE, DOCUMENTATIONQUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND SERVICES BY THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE DOWNLOAD OR UPLOAD US UNDER THESE TERMS OF ANY MATERIAL OR DATAUSE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. PLEASE NOTE THAT SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION LENGTH OF AN IMPLIED WARRANTIESWARRANTY, SO THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: www.asibrokers.com

Disclaimer of Warranties. You use the Services at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SOFTWARE, DOCUMENTATIONSERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND INKSOFT MAKES NO WARRANTIESTHE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY STATUTE OR OTHERWISESTATUTORY INCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, DOCUMENTATION(ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR SERVICES. YOU UNDERSTAND ERROR-FREE, (iii) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, (iv) THE SERVICES DOES NOT INFRINGE ON THIRD PARTY RIGHTS, AND AGREE THAT (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (C) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VideoValidate OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD USE OF ANY MATERIAL OR DATASUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY DIGITAL CONTENTKIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ALL PRODUCTS AND SERVICES PURCHASED OR OBTAINED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESWARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE FOLLOWING: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE” BASIS. IOE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENON- INFRINGEMENT. IOE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, DOCUMENTATIONTIMELY, SECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE ACCESS OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM IOE OR YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONAGREEMENT.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. You expressly understand and agree that: YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. BF2HUB, EXPRESS OR IMPLIEDITS AFFILIATES, BY STATUTE OR OTHERWISEAND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "BF2HUB PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER ARISING BY COURSE OF DEALING EXPRESS, IMPLIED OR PERFORMANCESTATUTORY, CUSTOMINCLUDING, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THE BF2HUB PARTIES MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (I) THE BASIS OF SERVICES WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (II) THE FULLEST EXTENT PERMITTED BY LAWSERVICES WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY BF2HUB PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT. A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SOFTWARESERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, DOCUMENTATIONALTERED VISION, AND SERVICES BY YOU AND THE DOWNLOAD EYE OR UPLOAD MUSCLE TWITCHES, LOSS OF ANY MATERIAL AWARENESS, DISORIENTATION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTINVOLUNTARY MOVEMENTS OR CONVULSIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESCERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, SO LIABILITY OF THE ABOVE EXCLUSIONS MAY NOT APPLYBF2HUB PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTo the extent that any part of this section is not consistent with any other part of the User Agreement, then this Disclaimer of Warranties will override it.

Appears in 1 contract

Samples: www.bf2hub.com

Disclaimer of Warranties. THE SOFTWARESERVICE, DOCUMENTATIONINCLUDING WITHOUT LIMITATION THE SITE AND MATERIALS, AND SERVICES ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED “AS IS” AND ON AN "AS IS" AVAILABLE” BASIS AND INKSOFT MAKES NO WARRANTIESWITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY STATUTE OR OTHERWISESTATUTORY. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCEEXPRESS, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALSIMPLIED, OR INFORMATION PROVIDED HEREUNDERSTATUTORY INCLUDING, INCLUDING BUT NOT LIMITED TO TO, (A) THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND TITLE, FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARE HEREBY DISCLAIMEDARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONVIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSSERVICE, AND PERFORMANCE NO INFORMATION, ADVICE OR SERVICE OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF THIS SOFTWAREOR ACCESS TO THE SERVICE, DOCUMENTATIONYOUR DEALINGS WITH OTHER USERS OF THE SERVICE, AND ANY MATERIALS OR SERVICESCONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE USE OF THE SOFTWARE, DOCUMENTATIONSERVICE, AND ACCESS, DOWNLOAD, USE, AND/OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICES IS AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE PROPERTY (INCLUDING TO YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND SERVICE OR THE DOWNLOAD OR UPLOAD USE OF ANY MATERIAL SUCH MATERIALS OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATIONSERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS- AND-AS-AVAILABLE BASIS, AND INTENTIONALIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT DAMAGE, INCLUDING PERSONAL INJURY OR DATA DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM COMPUTER, SOFTWARE, MODEM, TELEPHONE OR LOSS OF DATA THAT MAY RESULT OTHER PROPERTY RESULTING FROM THE YOUR USE OF THE SOFTWARE(OR INABILITY TO USE) OUR SITE. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER WRITTEN OR ORAL, AND SERVICES OBTAINED BY YOU AND FROM INTENTIONALIST, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTERMS.

Appears in 1 contract

Samples: SPC Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. IDEXX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE (B) IDEXX MAKES NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND SERVICES (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU FROM IDEXX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (E) IDEXX MAY FROM TIME TO TIME MAKE BETA, OR PROTOTYPE, VERSIONS OF OUR PRODUCTS ORSERVICES AVAILABLE TO OUR CUSTOMERS FOR EVALUATION AND THE DOWNLOAD TESTING. THESE PRODUCTS OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS SERVICES MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE YET BE LICENSED BY REGULATORY AUTHORITIES, WHERE APPLICABLE, OR OTHERWISE BE FULLY OPTIMIZED AND JURISDICTION TO JURISDICTIONREADY FOR USE IN THE FIELD.

Appears in 1 contract

Samples: Xchek Vet Terms of Service Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS- AVAILABLE BASIS. TAHPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAHPL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARESERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER WRITTEN OR ORAL, AND SERVICES OBTAINED BY YOU AND FROM TAHPL, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD TERMS. LIMITATION OF LIABILITY YOU AGREE THAT TAHPL SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR UPLOAD OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TAHPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TAHPL’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY MATERIAL SERVICE, WHETHER DIRECT OR DATA. INDIRECT, EXCEED THE FEES PAID BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: finacko.com

Disclaimer of Warranties. YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. ELASTIC GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, TITLE, AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDELASTIC GOLF DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM DELAY OR LOSS OF DATA ANY KIND THAT MAY RESULT RESULTS FROM THE YOUR ACCESS OR USE OF THE SOFTWARESERVICE, DOCUMENTATIONINCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, AND SERVICES WHETHER ORAL OR WRITTEN, OBTAINED BY YOU AND FROM ELASTIC GOLF, THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF SERVICE, WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. WARRANTIES AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE STATE. Limitation of Liability NEITHER ELASTIC GOLF NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY 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 THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF ELASTIC GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND JURISDICTION DISTRIBUTORS TO JURISDICTIONYOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SURGICARE SOFTWARE, DOCUMENTATIONLLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURGICARE SOFTWARE, LLC MAKES NO WARRANTY THAT THE SERVICES IS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SURGICARE SOFTWARE, DOCUMENTATIONLLC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. LIMITAION OF LIABILITY YOU AGREE THAT SURGICARE SOFTWARE, LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SURGICARE SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SURGICARE SOFTWARE, LLC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL SURGICARE SOFTWARE, LLC’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: surgicaresoftware.com

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. Smart Diner EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Smart Diner MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. SENSEDEEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS ANY MATERIAL OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS SOFTWARE DOWNLOADED OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSEDEEP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. LIMITATION OF LIABILITY SENSEDEEP, WILL NOT BE LIABLE 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 SENSEDEEP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARESERVICE. UNDER NO CIRCUMSTANCES WILL SENSEDEEP's TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), DOCUMENTATIONREGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, AND SERVICES TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU AND TO SENSEDEEP UNDER THIS AGREEMENT (DETERMINED AS OF THE DOWNLOAD OR UPLOAD DATE OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONFINAL JUDGMENT IN AN ACTION).

Appears in 1 contract

Samples: s3.amazonaws.com

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE SOFTWARE, DOCUMENTATIONMANUFACTURER OF THE ITEM. THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN "'AS IS" BASIS ' AND INKSOFT MAKES NO WARRANTIES'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN WITHOUT LIMITATION: THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES OF NONINFRINGEMENT; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND THAT COMMUNICATIONS SENT FROM THE SITE ARE HEREBY DISCLAIMEDFREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONTHAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS ANY WARRANTIES YOU ASSUME FULL RESPONSIBILITY FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT ANY INFORMATION YOU ARE SOLELY SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEYERDC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT DOWNLOAD FROM THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEYERDC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT. THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARESERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, DOCUMENTATIONALTERED VISION, AND SERVICES BY YOU AND THE DOWNLOAD EYE OR UPLOAD MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY MATERIAL INVOLUNTARY MOVEMENT, OR DATACONVULSIONS. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIESCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27, SO THE ABOVE EXCLUSIONS MAY NOT APPLYAPPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XXXXXXX, MEYERDC S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: THE SERVICES, OR ANY OTHER SERVICES OR SITES YOU ACCESS THROUGH A LINK FROM THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY ON OR INABILITY TO USE THE SERVICES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SERVICES; MEYERDC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR; OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES; IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEYERDC, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MEYERDC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE MEYERDC SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO THIRD PARTY BENEFICIARIES These Terms are not enforceable by or for the benefit of any third party. DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY ALSO HAVE SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and MEYERDC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to MEYERDC by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx AND by U.S. Mail to XXXXXXX, MEYERDC, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, MEYERDC will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, these Terms, or any additional terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of MEYERDC’s actual or alleged intellectual property rights or claims of piracy or unauthorized use of the Site (an “Excluded Dispute”), then you and MEYERDC agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23. Your notice to us must be sent by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERDC, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. Subject to Section 23, for a period of sixty (60) days from the date of receipt of notice from the other party, MEYERDC and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or MEYERDC to resolve the Dispute or Excluded Dispute on terms with respect to which you and MEYERDC in each of our sole discretion, are not comfortable. Binding Arbitration. If we cannot resolve a Dispute as set forth above, (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND MEYERDC (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER RIGHTS THAT VARY FROM STATE INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO STATE AND JURISDICTION TO JURISDICTIONTHE PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act, not state law, shall govern the arbitrability of all disputes between MEYERDC and you regarding these Terms and the Service. MEYERDC and you agree, however, that the laws of the state of Ohio shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and MEYERDC, whether xxxxxxx or stated in contract, statute, common law, or any other legal theory, without regard to Ohio’s choice of law principles that might apply other laws. Disputes will be resolved by a single arbitrator and solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of MEYERDC consent to in writing. If MEYERDC’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator. You or MEYERDC may choose to pursue a claim in small claims court where jurisdiction and venue over you and MEYERDC otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide MEYERDC with advance notice by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERDC, Inc., 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require MEYERDC to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then MEYERDC will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and will be bound by these Terms and will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, [except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.] Waiver of Jury Trial. In any event, if for any reason a dispute between MEYERDC and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), MEYERDC and you agree to waive, to the fullest extent allowed by law, any trial by jury. Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of MEYERDC, or any employee, officer, director, or investor of MEYERDC, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services. Survival. This Arbitration section shall survive any termination of your account or the Services. CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. MEYERDC and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MEYERDC and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other MEYERDC customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Omaha, Nebraska. If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of MEYERDC, or any employee, officer, director, or investor of MEYERDC, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute. This Class Action Waiver section shall survive any termination of your account or the Services.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE MOBILE APP IS PROVIDED ON AN "AS IS" AND AS-AVAILABLE BASIS WITH ALL FAULTS AND INKSOFT MAKES NO DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDERTHE APPLICATION, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, MERCHANTABILITYAND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND FITNESS FOR A PARTICULAR PURPOSESMAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDINSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPS, OR SERVICES. YOU ACKNOWLEDGE THERE IS NO WARRANTY BY SUGARPOT THAT THE FEATURES OR SERVICES CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THIS SOFTWARE AND AGREE ITS SERVICES WILL BE FREE FROM ERRORS/BUGS, OR THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDERTHIS SOFTWARE WILL PROVIDE CONTINUOUS, PERMANENT SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS SUGARPOT MAKES NO WARRANTY THAT THIS SOFTWARE WILL BE COMPATIBLE WITH ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, THIRD-PARTY SOFTWARE OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER SERVICES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIESWARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: End User Licence Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE SOFTWARE, DOCUMENTATION, "SERVICE") IS AT YOUR OWN RISK. SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN TO YOU "AS IS", AND "The Site" BASIS AND INKSOFT MAKES NO WARRANTIESEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS EITHER IMPLIED OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDEREXPRESS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE NON-INFRINGEMENT. "The Site" MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESSED, THAT ANY PART OF THIS SOFTWARETHE SERVICE WILL BE UNINTERRUPTED, DOCUMENTATIONERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR SERVICESOF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER "The Site" NOR ANY PARTICIPANT IN THE USE SERVICE PROVIDES PROFESSIONAL ADVICE OF THE SOFTWARE, DOCUMENTATION, ANY KIND AND SERVICES IS THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR "The Site" WILL NOT BE HELD LIABLE IN ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONWAY.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSWE, AND PERFORMANCE OF THIS SOFTWAREOUR SERVICE PROVIDERS, DOCUMENTATIONMAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES. , INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU UNDERSTAND AND AGREE THAT THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARESUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM National Capital Bank OR ITS SERVICE PROVIDERS THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF SERVICES WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Personal Financial Management Service

Disclaimer of Warranties. AC Medics PROVIDES THE SOFTWAREWEB SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AC Medics DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, DOCUMENTATION(II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. AC Medics MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS HEREBY DISCLAIMS ANY AND INKSOFT MAKES NO ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS ANY CONTENT DOWNLOADED OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OR WEB SITE IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM SUCH DOWNLOAD. AC Medics DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE USE OF THE SOFTWAREWEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, DOCUMENTATIONOR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SERVICES BY AC Medics WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THE DOWNLOAD THIRD-PARTY PROVIDERS OF PRODUCTS OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICES.

Appears in 1 contract

Samples: phoenixacrepair.com

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATIONCOMPANY HEREBY MAKES NO REPRESENTATIONS, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO DISCLAIMS ALL WARRANTIES, ARISING OUT OF OR INCONNECTION WITH THE SITE, THE CONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND ALL WARRANTIES EXPRESS OR AND IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENTNONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS COURSE OF YOUR BARGAIN HEREUNDER. IN ADDITION, DEALING; ANY LIABILITY WITH REGARD TO THE FULLEST SITE, CONTENT AND SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYSITE AND ALL CONTENT, ACCURACYSERVICES, RELIABILITYSOFTWARE AND PRODUCTS ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS,’ AND ‘AS AVAILABLE.’ WE DISCLAIM ALL WARRANTIES, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SOFTWARESITE, DOCUMENTATION, SERVICE AND SERVICES CONTENT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE SOLELY NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE. WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR DAMAGE TO YOUR CONTENT OR FAILURE OF ANY CONSUMER DATA OR FOR ANY DAMAGE THIRD PARTY ACCESS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR CONSUMER DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY DIGITAL CONTENTOF OUR SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESINDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, SO THE ABOVE EXCLUSIONS MAY NOT APPLYEFFORTS AND ACTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC ADVICE FOR YOUR BUSINESS.

Appears in 1 contract

Samples: Binding Effect

Disclaimer of Warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE SOFTWAREIMPLIED WARRANTIES OF MERCHANTABILITY, DOCUMENTATION, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES “AS AVAILABLE” BASIS. WE SHALL ONLY BE RESPONSIBLE FOR PERFORMING THE SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO WARRANTIESCLAIM OR WARRANTY THAT THE SERVICES OR ANY CONTENT WILL BE SUITABLE TO YOUR NEEDS, EXPRESS UNINTERRUPTED, TIMELY, OR IMPLIEDSECURE. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICES WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES. THE SERVICES AND CONTENT MAY CONTAIN INACCURACIES, BY STATUTE TYPOGRAPHICAL ERRORS, OR OTHERWISE, WHETHER ARISING BY COURSE MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATIONPRODUCTS, SERVICES, PRODUCTSCONTENT, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALSINFORMATION, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS ANY MATERIAL DOWNLOADED OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE DEVICES, OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM OR THROUGH THE DOWNLOAD OR UPLOAD OF SERVICES SHALL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW EXPRESSLY STATED IN THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONAGREEMENT.

Appears in 1 contract

Samples: Bank Electronic Banking Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATIONSERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS- IS-AND-AS-AVAILABLE BASIS, AND INTENTIONALIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT DAMAGE, INCLUDING PERSONAL INJURY OR DATA DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM COMPUTER, SOFTWARE, MODEM, TELEPHONE OR LOSS OF DATA THAT MAY RESULT OTHER PROPERTY RESULTING FROM THE YOUR USE OF THE SOFTWARE(OR INABILITY TO USE) OUR SITE. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER WRITTEN OR ORAL, AND SERVICES OBTAINED BY YOU AND FROM INTENTIONALIST, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTERMS.

Appears in 1 contract

Samples: SPC Terms of Use

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWAREWEBSITE, DOCUMENTATIONITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, OR NON-INFRINGEMENT. ALL SUCH THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE TOWN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE TOWN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE HEREBY DISCLAIMEDFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ACKNOWLEDGE ARE SOLELY AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDERCOMPUTER, INTERNET, AND DATA SECURITY. IN ADDITION, TO THE FULLEST EXTENT PERMITTED PROVIDED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND WEBSITE OR ANY SERVICES BY YOU AND OR ITEMS FOUND OR ATTAINED THROUGH THE DOWNLOAD WEBSITE OR UPLOAD TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ON ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE WEBSITE LINKED TO STATE AND JURISDICTION TO JURISDICTIONIT.

Appears in 1 contract

Samples: Website Terms And

Disclaimer of Warranties. XXXXX MANUFACTURING WILL NOT BE LIABLE FOR ANY DATA LOSS OR CORRUPTION WHICH MAY OCCUR DURING PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER XXXXX MANUFACTURING NOR ANY PERSON ASSOCIATED WITH XXXXX MANUFACTURING MAKES NO WARRANTIESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER XXXXX MANUFACTURING NOR ANYONE ASSOCIATED WITH XXXXX MANUFACTURING REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS WHICH MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. XXXXX MANUFACTURING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE STATUTORY OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS FOREGOING DOES NOT AFFECT ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, WHICH CANNOT BE EXCLUDED OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE SOFTWAREWEBSITE, DOCUMENTATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"WITH ALL FAULTS", EXPRESS AND THE ENTIRE RISK AS TO THERE USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, STATUTORY) WITH RESPECT TO ANY SOFTWARETHE WEBSITE, DOCUMENTATION, MATERIALS AND SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING WHICH INCLUDES BUT IS NOT LIMITED TO TO, ANY IMPLIED OR STATUTORY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS USE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONPURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSTITLE, AND PERFORMANCE NON- INFRINGEMENT OF THIS SOFTWAREINTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE WE MAKE NO WARRANTY THAT THE WEBSITE, MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SOFTWAREWEBSITE WILL BE UNINTERRUPTED, DOCUMENTATIONTIMELY, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND SECURE, OR ERROR FREE OR THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWAREWEBSITE, DOCUMENTATIONMATERIALS AND SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE, AND SERVICES ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU AND THROUGH THE DOWNLOAD WEBSITE OR UPLOAD FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. LIMITATION OF ANY MATERIAL OR DATALIABILITY. YOU ARE SOLELY RESPONSIBLE USING THE WEBSITE, MATERIALS AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR CREATING BACK-UPS ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE OR YOUR USE OF OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIGITAL CONTENT. SOME STATES INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSUCH DAMAGE.

Appears in 1 contract

Samples: Bakery Terms of Use

Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, DOCUMENTATION, AND USE OF THE SERVICE OR SAIPAN DATACOM’S SERVICES ARE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. SAIPAN DATACOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON- INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDSAIPAN DATACOM DOES NOT MAKE ANY WARRANTY THAT THE SERVICE PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAIPAN DATACOM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL AND/OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS DATA DOWNLOADED OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA INCLUDING, BUT NOT LIMITED TO YOUR CUSTOMER CONTENT AND/OR CUSTOMER PERSONALLY IDENTIFIABLE INFORMATION, THAT MAY RESULT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR YOUR USE OF THE SOFTWARESERVICE. SAIPAN DATACOM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAIPAN DATACOM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND SERVICES BY YOU AND MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO SAIPAN DATACOM IS NOT RESPONSIBLE FOR AND SHALL HAVE OTHER RIGHTS THAT VARY NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES OFFERED TO OR PURCHASED FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONA THIRD PARTY BY YOU.

Appears in 1 contract

Samples: Domain Name Registration and Service Agreement

Disclaimer of Warranties. THIS SYSTEM, THE OPERATION OF THIS SYSTEM, SOFTWARE, DOCUMENTATIONAND ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND SERVICES ARE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SYSTEM (THE "CONTENT") IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYPURPOSE, ACCURACY, RELIABILITYCOMPLETENESS, TIMELINESSAVAILABILITY, SECURITY, COMPATIBILITY, AND PERFORMANCE NO INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SYSTEM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SYSTEM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESSYSTEM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SYSTEMS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE SOFTWARE, DOCUMENTATION, PRODUCTS AND SERVICES IS DESCRIBED IN THIS SYSTEM AT YOUR OWN DISCRETION ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE DISCLAIM ALL LIABILITY FOR ANY LOSS ERRORS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER OMISSIONS IN THIS SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTLINKED TO THIS SYSTEM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS EXCLUSION MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Master Reseller (Peer to Peer Network)

Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWAREAPP, DOCUMENTATIONINCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, AND SERVICES ARE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE” BASIS, EXPRESS AND THAT YOUR USE OF OR IMPLIEDRELIANCE UPON THE APP IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, BY STATUTE AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR OTHERWISESTATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN PERFORMANCE OF THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALSPARTIES, OR INFORMATION PROVIDED HEREUNDERTHE NATURE OR CONTEXT OF THIS LICENSE, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, AND NON- INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDFURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AT&T AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONITS COLLABORATORS, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSSUPPLIERS AND LICENSORS, AND PERFORMANCE THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS SOFTWARELICENSE. NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND THE TERMS AND AGREE THAT THE USE CONDITIONS OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE WCA MAY PROVIDE LIMITED REMEDIES TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE SOFTWARE, DOCUMENTATIONMANUFACTURER OF THE ITEM. THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN "'AS IS" BASIS ' AND INKSOFT MAKES NO WARRANTIES'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN WITHOUT LIMITATION: • THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE; • ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; • ANY WARRANTIES OF NONINFRINGEMENT; • THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; • THAT THE SITE WILL BE SECURE; • THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND • THAT COMMUNICATIONS SENT FROM THE SITE ARE HEREBY DISCLAIMEDFREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONTHAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS ANY WARRANTIES YOU ASSUME FULL RESPONSIBILITY FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT ANY INFORMATION YOU ARE SOLELY SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXXX IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT DOWNLOAD FROM THE USE OF THE SOFTWARESERVICES. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM MEYERSPA OR THROUGH OR FROM THE DOWNLOAD SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT. THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR UPLOAD BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF ANY MATERIAL USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES BACKGROUNDS ON A COMPUTER SCREEN OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.WHILE USING

Appears in 1 contract

Samples: Terms

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND SERVICES ARE AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICE, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SERVICES IS AT NONINFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA ARGENT FEDERAL CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLYEQUIPMENT. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.Argent Federal Credit Union

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: I. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. II. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESMCOR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. III. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARESERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, DOCUMENTATIONALTERED VISION, AND SERVICES BY YOU AND THE DOWNLOAD EYE OR UPLOAD MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY MATERIAL INVOLUNTARY MOVEMENT, OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONCONVULSIONS.

Appears in 1 contract

Samples: www.hrcentry.com

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT LEADHANDLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT LEADHANDLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Leadhandle End User License Agreement

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. BOKA TECH OPC PVT LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOKA TECH OPC PVT LTD MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE SOFTWARE, DOCUMENTATIONMANUFACTURER OF THE ITEM. THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN "'AS IS" BASIS ' AND INKSOFT MAKES NO WARRANTIES'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN WITHOUT LIMITATION: THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES OF NONINFRINGEMENT; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND THAT COMMUNICATIONS SENT FROM THE SITE ARE HEREBY DISCLAIMEDFREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONTHAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS ANY WARRANTIES YOU ASSUME FULL RESPONSIBILITY FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT ANY INFORMATION YOU ARE SOLELY SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXX IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT DOWNLOAD FROM THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEYERPT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT. THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARESERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, DOCUMENTATIONALTERED VISION, AND SERVICES BY YOU AND THE DOWNLOAD EYE OR UPLOAD MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY MATERIAL INVOLUNTARY MOVEMENT, OR DATACONVULSIONS. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIESCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27, SO THE ABOVE EXCLUSIONS MAY NOT APPLYAPPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XXXXXXX, MEYERPT S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: THE SERVICES, OR ANY OTHER SERVICES OR SITES YOU ACCESS THROUGH A LINK FROM THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY ON OR INABILITY TO USE THE SERVICES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SERVICES; XXXXXXX’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR; OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES; IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEYERPT, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MEYERPT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE MEYERPT SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO THIRD PARTY BENEFICIARIES These Terms are not enforceable by or for the benefit of any third party. DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY ALSO HAVE SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and MEYERPT agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to MEYERPT by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx AND by U.S. Mail to XXXXXXX, MEYERPT, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, MEYERPT will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, these Terms, or any additional terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of MEYERPT’s actual or alleged intellectual property rights or claims of piracy or unauthorized use of the Site (an “Excluded Dispute”), then you and MEYERPT agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23. Your notice to us must be sent by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERPT, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. Subject to Section 23, for a period of sixty (60) days from the date of receipt of notice from the other party, MEYERPT and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or MEYERPT to resolve the Dispute or Excluded Dispute on terms with respect to which you and MEYERPT in each of our sole discretion, are not comfortable. Binding Arbitration. If we cannot resolve a Dispute as set forth above, (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND XXXXXXX (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER RIGHTS THAT VARY FROM STATE INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO STATE AND JURISDICTION TO JURISDICTIONTHE PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act, not state law, shall govern the arbitrability of all disputes between MEYERPT and you regarding these Terms and the Service. MEYERPT and you agree, however, that the laws of the state of Ohio shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and MEYERPT, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Ohio’s choice of law principles that might apply other laws. Disputes will be resolved by a single arbitrator and solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of MEYERPT consent to in writing. If MEYERPT’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator. You or MEYERPT may choose to pursue a claim in small claims court where jurisdiction and venue over you and MEYERPT otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide XXXXXXX with advance notice by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERPT, Inc., 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require MEYERPT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then MEYERPT will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and will be bound by these Terms and will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, [except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.] Waiver of Jury Trial. In any event, if for any reason a dispute between XXXXXXX and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), MEYERPT and you agree to waive, to the fullest extent allowed by law, any trial by jury. Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of MEYERPT, or any employee, officer, director, or investor of MEYERPT, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services. Survival. This Arbitration section shall survive any termination of your account or the Services. CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. MEYERPT and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MEYERPT and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other MEYERPT customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Omaha, Nebraska. If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of MEYERPT, or any employee, officer, director, or investor of MEYERPT, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute. This Class Action Waiver section shall survive any termination of your account or the Services.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. THE SOFTWARESITE, DOCUMENTATIONTHE SERVICE, AND ANY PREMIUM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND AUGX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY STATUTE STATUTORY, OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, QUALITY, TITLE, AND NON- INFRINGEMENT. ALL SUCH WARRANTIES NEITHER AUGX NOR ANY PERSON ASSOCIATED WITH AUGX MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE SERVICE, OR ANY PREMIUM SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AUGX NOR ANYONE ASSOCIATED WITH AUGX REPRESENTS OR WARRANTS THAT THE SITE, THE SERVICE, OR ANY PREMIUM SERVICES, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE SERVICE, THE PREMIUM SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE HEREBY DISCLAIMEDFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICE, OR THE PREMIUM SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON AUGX MAKES NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS ANY CONTENT DISPLAYED, POSTED TO, GENERATED, OR WARRANTIES HAVE FORMED OTHERWISE MADE AVAILABLE THROUGH THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONSITE, TO THE FULLEST EXTENT PERMITTED BY LAWSERVICE, INKSOFT DISCLAIMS OR ANY WARRANTIES FOR THE SECURITYPREMIUM SERVICES (INCLUDING, ACCURACYWITHOUT LIMITATION, RELIABILITYANY SUBMITTED CONTENT, TIMELINESSTHIRD PARTY CONTENT, GENERATED CONTENT OR PARTICIPANT CONTENT) WILL BE APPROPRIATE, COMPLETE, ACCURATE, OR RELIABLE, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCESS TO, VIEWING OF, AND USE OF SUCH CONTENT. AUGX FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY LOSS RESPONSIBILITY OR DAMAGE TO YOUR LIABILITY FOR, ANY THIRD PARTY CONTENT OR DATA PARTICIPANT CONTENT MADE AVAILABLE THROUGH THE SERVICE, THE ACTIONS OF OTHER USERS OF THE SERVICE, OR ANY DAMAGE TO THIRD PARTY SERVICE (INCLUDING, WITHOUT LIMITATION, THE ACTS OR OMISSIONS OF ANY PROVIDER OF THIRD PARTY CONTENT). AS BETWEEN YOU AND AUGX, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR COMPUTER SYSTEM USE OF AND RELIANCE ON THE SITE, THE SERVICE, ANY PREMIUM SERVICES, AND ALL CONTENT (INCLUDING, WITHOUT LIMITATION, ALL THIRD PARTY CONTENT, PARTICIPANT CONTENT, AND/OR LOSS OF DATA GENERATED CONTENT) AVAILABLE THERETHROUGH OR GENERATED THEREON. YOU UNDERSTAND AND ACKNOWLEDGE THAT MAY RESULT FROM THE YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE, DOCUMENTATIONSERVICE AND FOR YOUR CREATION AND/OR USE OF ANY GENERATED CONTENT, AND SERVICES BY YOU ACCEPT ALL RISKS WITH RESPECT TO ANY ACTIONS YOU TAKE WITH RESPECT TO THE SITE, THE SERVICE, AND THE DOWNLOAD ANY OUTPUT OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONPRODUCT THEREOF.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATIONEXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ALL SERVICES, PRODUCTS AND THIRD PARTY PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES FOR THE SECURITYOF TITLE, ACCURACYMERCHANTABILITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONNON-INFRINGEMENT, OR SERVICESFITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU UNDERSTAND ASSUME ALL RESPONSIBILITY AND AGREE THAT THE RISK FOR USE OF THE SERVICE OR PRODUCTS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES (“T-MOBILE AFFILIATES”) DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, DOCUMENTATIONPRODUCTS, AND PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR FREE. IF YOU RECEIVED A WRITTEN “T-MOBILE LIMITED WARRANTY” WITH YOUR PHONE, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THE ONLY WARRANTY MADE BY US WITH RESPECT TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATAPHONE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO IF APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSION DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE RELEVANT PORTIONS OF THE ABOVE EXCLUSIONS EXCLUSION MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Billing Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS USE OF YOUR BARGAIN HEREUNDERCARD THROUGH A DIGITAL WALLET IS AT YOUR SOLE RISK. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS THE USE OF YOUR CARD THROUGH A DIGITAL WALLET IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO USE OF YOUR CARD THROUGH A DIGITAL WALLET, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR THE SECURITYA PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TIMELINESSQUIET ENJOYMENT, AND PERFORMANCE NON- INFRINGEMENT OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESTHIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT WE ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS ENJOYMENT OF ANY DIGITAL CONTENTWALLET, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A DIGITAL WALLET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A DIGITAL WALLET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A DIGITAL WALLET WILL BE CORRECTED. SOME STATES NO ORAL OR OTHER JURISDICTIONS DO WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY. WE WILL NOT ALLOW BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT, OR OTHERWISE AFFECT THE EXCLUSION FUNCTIONING OF IMPLIED WARRANTIESA DIGITAL WALLET, SO SUCH AS UNAVAILABILITY OF THE ABOVE EXCLUSIONS MAY NOT APPLYAPPLICABLE DIGITAL WALLET SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONUSE OF YOUR CARD THROUGH A DIGITAL WALLET INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD-PARTY CONNECTIONS. WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. This section shall survive any termination of these Digital Wallet Terms or this Agreement.

Appears in 1 contract

Samples: integration.umpquabank.com

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Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON AN "AS IS" ,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND INKSOFT MAKES NO WARRANTIESAND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FINTERRA DISCLAIMS ALL WARRANTIES , EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FO R A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR WARRANTIES IMPLIED FROM A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDCOURS E OF PERFORMANCE OR COURSE OF DEALING. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVIC ES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU HAVE RELIED ON NO OBTAIN THROUGH OUR SITE WILL MEET Y OUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIR USES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE D O NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTIES THE RESULTS OF THE USE OF THE SITE AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS SERVICES IN TERMS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTHEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARECOMPLETENESS, DOCUMENTATIONCURRENTN ESS, OR SERVICESOTHERWISE. YOU UNDERSTAND (AND AGREE THAT NOT WE) ASSUME THE USE ENTIRE COST OF THE SOFTWAREALL NECESSARY SERVICING, DOCUMENTATIONREPAIR, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONCOR RECTION.

Appears in 1 contract

Samples: s3-ap-northeast-1.amazonaws.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. THE OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THE OWNERS MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND SERVICES (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM THE DOWNLOAD OWNERS OR UPLOAD OF THROUGH OR FROM THE SERVICE SHALL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW EXPRESSLY STATED IN THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTOS.

Appears in 1 contract

Samples: List Server Agreement

Disclaimer of Warranties. You use the Healthinator Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SOFTWARE, DOCUMENTATIONSITE IS AT YOUR SOLE RISK, AND SERVICES ARE THE SITE IS PROVIDED ON AN "AS IS" ” AND “AS AVAILABLE” BASIS AND INKSOFT MAKES NO WARRANTIESTHE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, DOCUMENTATION(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESITE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONSAND, AND SERVICES (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD USE OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSUCH MATERIAL.

Appears in 1 contract

Samples: www.healthinator.co.za

Disclaimer of Warranties. OWNER AGREES THAT ITS USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OR EYEONBOARD’S LICENSORS' OR VENDORS’ SERVICES IS SOLELY AT OWNER’S OWN RISK. OWNER AGREES THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS UNLESS OTHERWISE NOTED IN THIS AGREEMENT. EYEONBOARD AND INKSOFT MAKES NO WARRANTIESEYEONBOARD’S LICENSORS’ OR VENDORS’ EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITYMERCHANTABILITY OR FITNESS THAT THE SERVICES WILL AVERT, AND FITNESS FOR A PARTICULAR PURPOSESDETER OR PREVENT ANY LOSS OR DAMAGE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE NEITHER EYEONBOARD NOR ITS LICENSORS’ OR VENDORS’ MAKE ANY WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS THE SERVICES WILL MEET OWNER REQUIREMENTS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DOES EYEONBOARD OR ITS LICENSORS’ OR VENDORS’ MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR INFORMATION OBTAINED THROUGH THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND OWNER UNDERSTANDS AND AGREE AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWNER’S OWN DISCRETION AND RISK AND THAT YOU ARE OWNER WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT OWNER’S PROPERTY RESULTING FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD USE OF ANY SUCH MATERIAL AND/OR DATA. YOU ARE SOLELY EYEONBOARD MAKES NO WARRANTY REGARDING ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY OWNER FROM EYEONBOARD NOR SHALL SUCH ADVICE OR INFORMATION CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND OWNER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. EYEONBOARD IS NOT RESPONSIBLE FOR CREATING BACK-UPS OF AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DIGITAL CONTENT. SOME STATES PRODUCTS AND/OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY SERVICES PURCHASED BY OWNER FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONA THIRD PARTY.

Appears in 1 contract

Samples: Services Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. XXXXXX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXXX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARESERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER WRITTEN OR ORAL, AND SERVICES OBTAINED BY YOU AND FROM SWETHA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DOWNLOAD TERMS. Limitation of Liability YOU AGREE THAT XXXXXX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR UPLOAD OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SWETHA’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY MATERIAL SERVICE, WHETHER DIRECT OR DATA. INDIRECT, EXCEED THE FEES PAID BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Parts of This Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE VENDOR EXPRESSLY AGREES THAT THIS SERVICE IS AT THE VENDOR'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. INTERTRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, AND NON- INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE INTERTRADE MAKES NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS THE SERVICE WILL MEET THE VENDOR'S REQUIREMENTS, OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR-FREE; NOR DOES INTERTRADE MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE VENDOR UNDERSTANDS AND SERVICES AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR THE VENDOR'S OWN DISCRETION AND RISK AND THAT YOU ARE THE VENDOR WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR THE VENDOR'S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF INTERTRADE MAKES NO WARRANTY REGARDING ANY DIGITAL CONTENTGOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE VENDOR FROM INTERTRADE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONTHE VENDOR.

Appears in 1 contract

Samples: cdn.intertrade.com

Disclaimer of Warranties. The transmission, storage, viewing and retrieval of data and files through the World Wide Web are subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND SERVICES ARE THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. PROVIDER, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT). ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDPLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. PROVIDER MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL OR DATA YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT RETRIEVE THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION CHOICE AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE RETRIEVAL OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Online Backup Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE l) YOUR FINANCIAL INSTITUTION AND AGREE ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i ) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. m) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL 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 YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM: ( i ) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, AND (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DOWNLOAD SERVICE; (iv) UNAUTHORIZED ACCESS TO OR UPLOAD ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY MATERIAL THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF (vii) ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW MATTER RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICE.

Appears in 1 contract

Samples: Internet Banking Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF PFM SERVICES WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWPFM SERVICES WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWAREPFM SERVICES WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF US, NOR ANY OF OUR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL 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 COMPANY OR YODLEE HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, AND (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE DOWNLOAD SERVICE; (iv) UNAUTHORIZED ACCESS TO OR UPLOAD ALTERATION OF ANY MATERIAL YOUR TRANSMISSIONS OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS ; (v) STATEMENTS OR CONDUCT OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW ANYONE ON THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.SERVICE;

Appears in 1 contract

Samples: Confidential Treatment (Bank of Marin Bancorp)

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. Admin Star EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Admin Star MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance all the time. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATIONFACILITIES, SERVICES AND SERVICES OTHER CONTENT IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADZAPPR SDN BHD AND ANY AFFILIATED COMPANIES OF ADZAPPR SDN BHD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ADZAPPR SDN BHD DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE HEREBY DISCLAIMEDFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ADZAPPR SDN BHD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON NO REPRESENTATIONS THE SERVICE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ANY WEBSITES LINKED TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYSERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESOTHERWISE. YOU UNDERSTAND AND AGREE ADZAPPR SDN BHD MAKES NO WARRANTIES THAT THE YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATIONFACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE ADZAPPR SDN BHD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS ERRORS OR DAMAGE TO YOUR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OR DATA OF THE SERVICE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATAOTHER WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVEEXCLUSIONS WILL APPLY TO YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE ONLY TO STATE AND JURISDICTION TO JURISDICTIONTHE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE SOFTWARE, DOCUMENTATIONMANUFACTURER OF THE ITEM. THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN "'AS IS" BASIS ' AND INKSOFT MAKES NO WARRANTIES'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN WITHOUT LIMITATION: THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES OF NONINFRINGEMENT; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND THAT COMMUNICATIONS SENT FROM THE SITE ARE HEREBY DISCLAIMEDFREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONTHAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT DISCLAIMS ANY WARRANTIES YOU ASSUME FULL RESPONSIBILITY FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT ANY INFORMATION YOU ARE SOLELY SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELIVATE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT DOWNLOAD FROM THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELIVATE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT. THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARESERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, DOCUMENTATIONALTERED VISION, AND SERVICES BY YOU AND THE DOWNLOAD EYE OR UPLOAD MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY MATERIAL INVOLUNTARY MOVEMENT, OR DATACONVULSIONS. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIESCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27, SO THE ABOVE EXCLUSIONS MAY NOT APPLYAPPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ELIVATE, ELIVATE S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: THE SERVICES, OR ANY OTHER SERVICES OR SITES YOU ACCESS THROUGH A LINK FROM THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY ON OR INABILITY TO USE THE SERVICES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SERVICES; ELIVATE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR; OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES; IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ELIVATE, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ELIVATE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE ELIVATE SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO THIRD PARTY BENEFICIARIES These Terms are not enforceable by or for the benefit of any third party. DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY ALSO HAVE SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ELIVATE agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to ELIVATE by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx AND by U.S. Mail to ELIVATE, ELIVATE, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, ELIVATE will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, these Terms, or any additional terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of ELIVATE’s actual or alleged intellectual property rights or claims of piracy or unauthorized use of the Site (an “Excluded Dispute”), then you and ELIVATE agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23. Your notice to us must be sent by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to ELIVATE, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. Subject to Section 23, for a period of sixty (60) days from the date of receipt of notice from the other party, ELIVATE and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or ELIVATE to resolve the Dispute or Excluded Dispute on terms with respect to which you and ELIVATE in each of our sole discretion, are not comfortable. Binding Arbitration. If we cannot resolve a Dispute as set forth above, (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND ELIVATE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER RIGHTS THAT VARY FROM STATE INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO STATE AND JURISDICTION TO JURISDICTIONTHE PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act, not state law, shall govern the arbitrability of all disputes between ELIVATE and you regarding these Terms and the Service. ELIVATE and you agree, however, that the laws of the state of Ohio shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and ELIVATE, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Ohio’s choice of law principles that might apply other laws. Disputes will be resolved by a single arbitrator and solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of ELIVATE consent to in writing. If ELIVATE’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator. You or ELIVATE may choose to pursue a claim in small claims court where jurisdiction and venue over you and ELIVATE otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide ELIVATE with advance notice by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to ELIVATE, Inc., 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ELIVATE to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then ELIVATE will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and will be bound by these Terms and will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, [except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.] Waiver of Jury Trial. In any event, if for any reason a dispute between ELIVATE and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), ELIVATE and you agree to waive, to the fullest extent allowed by law, any trial by jury. Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of ELIVATE, or any employee, officer, director, or investor of ELIVATE, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services. Survival. This Arbitration section shall survive any termination of your account or the Services. CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. ELIVATE and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. ELIVATE and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other ELIVATE customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Omaha, Nebraska. If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of ELIVATE, or any employee, officer, director, or investor of ELIVATE, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute. This Class Action Waiver section shall survive any termination of your account or the Services.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES“AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSWE, AND PERFORMANCE OF THIS SOFTWAREOUR SERVICE PROVIDERS, DOCUMENTATIONMAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE RESOPNSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARESUCH MATERIALS. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND THE DOWNLOAD FROM FINANCIAL INSTITITION OR UPLOAD OF ITS SERVICE PROVIDERS THROUGH OR FROMTHE SERVICES WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Money Management User Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, ANY THIRD PARTY SOFTWARE MADE AVAILABLE TO YOU HAVE RELIED THROUGH THE CREDIT UNION, AND ANY RELATED UPDATES OR UPGRADES, ARE MADE AVAILABLE TO YOU THROUGH THE CREDIT UNION ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CREDIT UNION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, OR FREEDOM FROM INFRINGEMENT OR MALICIOUS SOFTWARE OR CODE, COMPUTER VIRUS OR WORM, OR OTHER DISABLING ROUTINE, AND THAT NO OTHER THE CREDIT UNION HEREBY DISCLAIMS ALL SUCH WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CREDIT UNION DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR ANY THIRD PARTY SOFTWARE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE CREDIT UNION SHALL NOT HAVE FORMED THE BASIS ANY LIABILITY TO YOU OF ANY KIND ARISING OUT OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, SELECTION OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OR NON-USE OF THE SOFTWARE, DOCUMENTATIONTHIRD PARTY SOFTWARE OR ANY OTHER ALTERNATIVE PRODUCTS OR SERVICES, AND SERVICES IS AT IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY DAMAGES AGAINST THE CREDIT UNION OF ANY KIND ARISING OUT OF YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARESERVICE OR YOU SELECTION OR USE OR NON-USE OF THE THIRD PARTY SOFTWARE OR ANY OTHER ALTERNATIVE PRODUCTS OR SERVICES, DOCUMENTATIONINCLUDING DIRECT, AND SERVICES BY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED THE CREDIT UNION OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THE FOREGOING IS INTENDED TO ALTER ANY RIGHT OR REMEDY YOU MAY BE ENTITLED TO PURSUANT TO ANY WRITTEN AGREEMENT BETWEEN YOU AND THE DOWNLOAD OR UPLOAD APPLICABLE THIRD PARTY VENDOR OF ANY MATERIAL APPLICABLE THIRD PARTY TOOL. IN NO EVENT SHALL WE OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY DIGITAL CONTENT. SOME STATES OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR OTHER JURISDICTIONS RELATED TO THE SERVICE THAT YOU DO NOT ALLOW STATE IN WRITING IN A COMPLAINT FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN TWO (2) YEARS OF THE EXCLUSION DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF IMPLIED WARRANTIESACTION, SO WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE ABOVE EXCLUSIONS MAY NOT APPLYFOREGOING TERMS OF THIS AGREEMENT SHALL CONSTITUTE THE SERVICE PROVIDERS AND THE CREDIT UNION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONIN NO EVENT SHALL THE SERVICE PROVIDER OR THE CREDIT UNION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Appears in 1 contract

Samples: Bill Pay Agreement

Disclaimer of Warranties. YOUR USE OF THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES ARE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HSFCU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO INCLUDING ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, TITLE, OR NON- INFRINGEMENT. ALL SUCH WARRANTIES HSFCU MAKES NO WARRANTY THAT (i) THE FUNCTIONS, CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, THE SERVICE, THE SERVICE, OR CONTENT ARE HEREBY DISCLAIMEDFREE OF VIRUSES, MALWARE, ERRORS, OR OTHER HARMFUL COMPONENTS; (iv) THAT ANY INFORMATION PROVIDED TO US IS ACCURATE OR CURRENT; OR (v) THAT THE SERVICE WILL OPERATE IN A COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM, DATA, PRODUCT, OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS HSFCU DOES NOT WARRANT OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS MAKE ANY REPRESENTATION REGARDING USE, OR WARRANTIES HAVE FORMED THE BASIS RESULT OF YOUR BARGAIN HEREUNDER. USE, OF THE CONTENT OR INFORMATION, IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, TERMS OF ACCURACY, RELIABILITY, TIMELINESSOR OTHERWISE. THE CONTENT OR INFORMATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PERFORMANCE HSFCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HSFCU, ASSUME THE ENTIRE COST OF THIS SOFTWAREALL NECESSARY SERVICING, DOCUMENTATION, REPAIR OR SERVICES. YOU UNDERSTAND AND AGREE THAT CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE OR WEBSITE OR ITS CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARESUCH MATERIALS. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM HSFCU OR OUR SERVICE PROVIDERS THROUGH OR FROM THE DOWNLOAD OR UPLOAD OF SERVICES WILL CREATE ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO WARRANTY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Digital Banking Services Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT WE ARE PROVIDING THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS BASIS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED AS REQUIRED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES WE ASSUME NO RESPONSIBILITY FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWAREDELETION, DOCUMENTATION, MIS-DELIVERY OR SERVICESFAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES, DOCUMENTATIONTHE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, AND SERVICES THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU AND FROM THE DOWNLOAD ACCOUNTS OR UPLOAD THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY MATERIAL KIND RESULTING FROM YOUR USE OF OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS YOUR INABILITY TO USE THE SERVICES, ANY INACCURACY OF ANY DIGITAL CONTENT. SOME STATES INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER JURISDICTIONS DO NOT ALLOW INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE EXCLUSION POSSIBILITY OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSUCH DAMAGES.

Appears in 1 contract

Samples: Usc Credit Union Online Banking Agreement

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF SERVICES (i) WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO THE FULLEST EXTENT PERMITTED BY LAW(ii) WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USAA OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 13. LIMITATION OF LIABILITY. YOU AGREE THAT USAA AND ITS THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATION, AND RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES BY YOU AND THE DOWNLOAD AT OUR WEBSITE OR UPLOAD OF ANY MATERIAL THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS , (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON- PERFORMANCE OF ANY DIGITAL CONTENT. SOME STATES THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER JURISDICTIONS DO NOT ALLOW MATTER RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICES.

Appears in 1 contract

Samples: Usaa Account Access Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICES, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES IS AT WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL MOBILE DEVICE, DOCUMENTATIONHARDWARE, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 1 contract

Samples: Business Electronic Services Agreement and Disclosure

Disclaimer of Warranties. USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, LICENSORS, AGENTS AND AFFILIATES (COLLECTIVELY, THE “LIGHTRICKS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIEDREPRESENTATIONS, BY STATUTE OR OTHERWISECONDITIONS AND GUARANTEES, WHETHER ARISING BY COURSE OF DEALING EXPRESSED, IMPLIED OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDERSTATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT, MERCHANTABILITYOR THAT ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (B) THE APP WILL BE FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR NON-INFRINGING. NO ORAL OR WRITTEN REPRESENTATION, ADVICE OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND. ANY HOW-TO GUIDES OFFERED ARE FOR YOUR INFORMATION ONLY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED MAY NOT RELY ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE THEM FOR ANY LOSS ACADEMIC, VOCATIONAL OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONPROFESSIONAL CERTIFICATION.

Appears in 1 contract

Samples: Filtertune Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARESERVICE AND ALL INFORMATION, DOCUMENTATION, PRODUCTS AND SERVICES ARE OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE COMPANY AND AGREE SERVICE PROVIDER MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONTIMELY, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-­‐FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER COMPANY OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL 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 COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, AND (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DOWNLOAD SERVICE; (iv) UNAUTHORIZED ACCESS TO OR UPLOAD ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-­‐PERFORMANCE OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF (vii) ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW MATTER RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICE.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. You use the Abby Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SOFTWARE, DOCUMENTATIONSITE IS AT YOUR SOLE RISK, AND SERVICES ARE THE SITE IS PROVIDED ON AN "AS IS" ” AND “AS AVAILABLE” BASIS AND INKSOFT MAKES NO WARRANTIESTHE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE OF THIS SOFTWARENON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, DOCUMENTATION(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESITE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONSAND, AND SERVICES (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD USE OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSUCH MATERIAL.

Appears in 1 contract

Samples: secure.go-abby.co.za

Disclaimer of Warranties. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THIS SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATIONFACILITIES, SERVICES AND SERVICES OTHER CONTENT IN THIS SERVICE ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REGISTRAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON- INFRINGEMENT. ALL SUCH WARRANTIES REGISTRAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED OR THAT REGISTRAR’S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE HEREBY DISCLAIMEDFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REGISTRAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTIES AND THAT NO THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER REPRESENTATIONS CONTENT IN THIS SERVICE OR WARRANTIES HAVE FORMED THE BASIS ANY SITES LINKED TO THIS SERVICE IN TERMS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTHEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESOTHERWISE. YOU UNDERSTAND AND AGREE REGISTRAR MAKES NO WARRANTIES THAT THE YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATIONFACILITIES, SERVICE OR OTHER CONTENT IN THIS SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE REGISTRAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS ERRORS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATIONFACILITIES, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SERVICE OR OTHER JURISDICTIONS DO CONTENT OF THIS SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIESWARRANTIES TO APPLY TO YOU, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. WILL APPLY TO YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE ONLY TO STATE AND JURISDICTION TO JURISDICTIONTHE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Adaptive Studios Terms of Use

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND SERVICES ARE AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICE, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SERVICES IS AT NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 1 contract

Samples: And Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AN; AS IS" BASIS AND INKSOFT MAKES NO WARRANTIESIS AND; AS AVAILABLE; BASIS. YourNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE YourNET MAKES NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED (i) THE BASIS OF SERVICE WILL MEET YOUR BARGAIN HEREUNDER. IN ADDITIONREQUIREMENTS, TO (ii) THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYTIMELY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICE WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND SERVICES (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YourNET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. The terms of this section will survive any termination of this Agreement. LIMITATION OF LIABILITY YourNET WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES) RESULTING FROM (i) THE USE OF OR THE SOFTWAREINABILITY TO USE THE SERVICE; (ii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) LOSS OF, DOCUMENTATIONUNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, AND DATA, INFORMATION OR SERVICES BY YOU AND PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DOWNLOAD SERVICE; (v) STATEMENTS OR UPLOAD CONDUCT OF ANY MATERIAL THIRD PARTY ON THE SERVICE; OR DATA(vi) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF YourNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. EXCLUSIONS AND LIMITATIONS SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESCERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO SOME OF THE LIMITATIONS REGARDING WARRANTIES OR LIABILITY SET FORTH IN THE ABOVE EXCLUSIONS SECTIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Internet Service Provider Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, WEBSITE AND PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED HEREIN IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE WE MAKE NO WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS (i) THE WEBSITE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS CONTEST WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONCONTEST WILL BE UNINTERRUPTED, TO THE FULLEST EXTENT PERMITTED BY LAWTIMELY, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONSECURE, OR SERVICES. YOU UNDERSTAND AND AGREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWAREWEBSITE OR CONTEST WILL BE ACCURATE OR RELIABLE, DOCUMENTATION(iv) THE QUALITY OF ANY PRODUCTS, AND SERVICES SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR CONTEST 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWAREANY SUCH MATERIAL. NO ADVICE OR INFORMATION, DOCUMENTATIONWHETHER ORAL OR WRITTEN, AND SERVICES OBTAINED BY YOU AND FROM US OR THROUGH OR FROM THE DOWNLOAD OR UPLOAD SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OTHER PART OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESTHESE TERMS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONTHIS SECTION WILL CONTROL.

Appears in 1 contract

Samples: Work for Hire Agreement

Disclaimer of Warranties. NAMEKING EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE SOFTWAREIMPLIED WARRANTIES OF MERCHANTABILITY, DOCUMENTATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND INKSOFT MAKES "AS AVILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALSWARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR INFORMATION PROVIDED HEREUNDERTHAT THE SERVICE(S) WILL BE UNINTERRUPTED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENTTIMELY, MERCHANTABILITYSECURE, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICESINFORMATION OBTAINED THROUGH OUR DOT COM MAIL SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OUR .COM MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF FROM US OR THROUGH OUR .COM MAIL SERVICE SHALL CREATE ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR OTHER TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Registration Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICES, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES IS AT WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA LOGIX’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 1 contract

Samples: Logix Mobile Banking Terms and Conditions Agreement

Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIESWITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITYYOGAGLO, ACCURACYITS OFFICERS, RELIABILITYDIRECTORS, TIMELINESSEMPLOYEES, AND PERFORMANCE AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOGAGLO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SOFTWAREWEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, DOCUMENTATIONMISTAKES, OR SERVICES. YOU UNDERSTAND INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND AGREE THAT THE USE OF THE SOFTWAREWEBSITE, DOCUMENTATION(III) ANY UNAUTHORIZED ACCESS TO OR USE OF YOGAGLO SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR OF ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS KIND INCURRED AS A RESULT OF DATA THAT MAY RESULT FROM THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWAREWEBSITE. YOGAGLO DOES NOT WARRANT, DOCUMENTATIONENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SERVICES BY YOGAGLO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE DOWNLOAD PURCHASE OF A PRODUCT OR UPLOAD OF SERVICE THROUGH ANY MATERIAL MEDIUM OR DATA. IN ANY ENVIRONMENT, YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE SHOULD USE YOUR BEST JUDGMENT AND JURISDICTION TO JURISDICTIONEXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: d36dslkxcx6nl3.cloudfront.net

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. xxxxxxxxxxx.xxx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, xxxxxxxxxxx.xxx MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES“AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARESERVICE, DOCUMENTATIONEQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SERVICES IS AT NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN DISCRETION AND RISK AND REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT YOU THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE SOLELY NOT RESPONSIBLE FOR ANY LOSS LOSS, INJURY OR DAMAGE TO DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR CONTENT INTERNET PROVIDER, ANY RELATED SOFTWARE OR DATA CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SOFTWAREYOUR PERSONAL COMPUTER HARDWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES SOFTWARE OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONEQUIPMENT.

Appears in 1 contract

Samples: Mobile Deposit Terms and Conditions

Disclaimer of Warranties. THE SOFTWARESITE, DOCUMENTATIONSERVICES, AND SERVICES ALL MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE BANK, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, BY STATUTE ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, ) WITH RESPECT TO ANY SOFTWARETHE WEBSITE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALSTHE CONTENT, OR INFORMATION PROVIDED HEREUNDERANY PART THEREOF, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSES. ALL ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITIONPURPOSE), WHETHER ALLEGED TO THE FULLEST EXTENT PERMITTED ARISE BY LAW, INKSOFT DISCLAIMS BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY WARRANTIES FOR PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OR AVAILABILITY OF THIS SOFTWARE, DOCUMENTATION, THE SITE OR SERVICESTHE CONTENT. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, THE BANK DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. THE BANK DOES NOT GUARANTEE THAT ITS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE, DOCUMENTATION, AND SITE OR ANY SERVICES BY YOU AND OR ITEMS OBTAINED THROUGH THE DOWNLOAD SITE OR UPLOAD DUE TO YOUR DOWNLOADING OF ANY MATERIAL CONTENT POSTED ON IT, OR DATAON ANY THIRD-PARTY WEBSITE LINKED TO IT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESBANK AND ITS AFFILIATES, SO AGENTS AND LICENSORS IS LIMITED TO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONFULLEST EXTENT PERMITTED BY SUCH LAW.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, YOU AGREE YOUR USE OF THIS SERVICE AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO. BANK MAKES ABSOLUTELY NO WARRANTIESREPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, BY STATUTE IN LAW OR OTHERWISEIN FACT, WHETHER ARISING BY COURSE OF DEALING TO YOU OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWAREOTHER PERSON AS TO ANY COMPUTER HARDWARE, DOCUMENTATIONSOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, SERVICESINCLUDING, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO IMPLIED WARRANTIES THE SUITABILITY OR COMPATIBILITY OF NON-INFRINGEMENTBANK’S SOFTWARE, MERCHANTABILITYINTERNET DELIVERED SERVICE, AND EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONPURPOSE.

Appears in 1 contract

Samples: Mobile Deposit Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATIONJDN IS BEING PROVIDED SOLELY AS AN ACCOMMODATION AT NO CHARGE TO YOU, AND SERVICES ARE PROVIDED ON AN "AS IS" ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND INKSOFT MAKES NO IS WITHOUT ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. XXXX DEERE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, EXPRESS CONDITIONS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDERREPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR USEFULNESS OR THAT JDN WILL BE SECURE, UNINTERRUPTED, NOT DELAYED, SUSPENDED OR ERROR FREE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMEDXXXX DEERE DOES NOT WARRANT THAT JOHN DEERE PROPRIETARY INFORMATION OR ANY DATA GENERATED BY THE OPERATION OR USE OF JDN, ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JDN SHALL CREATE ANY WARRANTY TO YOU WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT DATA OBTAINED THOUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES JDN IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR SUCH DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OF WARRANTY. WE AND INKSOFT MAKES NO WARRANTIES, PLAID EXPRESSLY DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSPURPOSE, AND PERFORMANCE NONINFRINGEMENT. WE AND PLAID MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF THIS SOFTWAREANY PRODUCTS, DOCUMENTATIONSERVICES, INFORMATION OR SERVICESOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (iv) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR PLAID WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER WE NOR PLAID NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY 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 WE OR PLAID HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATIONRESULTING FROM (i)THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE, AND SERVICES BY YOU AND (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (iii) ANY OTHER MATTER RELATING TO THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICE.

Appears in 1 contract

Samples: www.paytender.com

Disclaimer of Warranties. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION, WEBSITE AND SERVICES PRODUCTS ARE PROVIDED OFFERED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. NAVRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE PURPOSE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, NON-INFRINGEMENT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATIONPRODUCTS OR WEBSITE CONTENT, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE ANY RELIANCE UPON OR USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WEBSITE CONTENT OR DATA PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXX MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY DAMAGE WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THE RESULTS THAT MAY RESULT BE OBTAINED FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENTWEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU AGREE TO USE THE SOFTWARESERVICE AND THE PACKAGE ROOM ENTIRELY AT YOUR OWN RISK. WE DO NOT WARRANT THE SAFETY, DOCUMENTATIONINTEGRITY, TIMELINESS, DELIVERY, SUITABILITY OR ANY OTHER ASPECT OF THE SERVICE OR THE PACKAGE ROOM, OR ANY PACKAGE, GOOD, ITEM OR OTHER MATERIAL SHIPPED OR RECEIVED USING THE SERVICE OR THE PACKAGE ROOM. YOU UNDERSTAND THAT WE CANNOT AND SERVICES DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE AVAILABLE FOR USE AT ALL TIMES OR THAT THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. THE SERVICE AND THE APPLICATION ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, NOR THE PROPERTY MANAGER, NOR ANY PERSON ASSOCIATED WITH EITHER OF US, MAKES NO WARRANTIESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, USEABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE, THE APPLICATION, OR THE PACKAGE ROOM. WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR THE PROPERTY MANAGER, NOR ANYONE ASSOCIATED WITH EITHER OF US REPRESENTS OR WARRANTS THAT THE SERVICE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE, THE APPLICATION, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE STATUTORY OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL WE, NOR THE PROPERTY MANAGER, NOR ANY OF RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ,BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SECURITYAPPLICATION OR THE SERVICE, ACCURACYINCLUDING ANY DIRECT, RELIABILITYINDIRECT, TIMELINESSSPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND PERFORMANCE INCLUDING BUT NOT LIMITED TO, LOSS OF THIS SOFTWAREPROPERTY, DOCUMENTATIONPERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE ANTICIPATED SAVINGS, LOSS OF THE SOFTWAREUSE, DOCUMENTATIONLOSS OF GOODWILL, LOSS OF DATA, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LOSS LIABILITY WHICH CANNOT BE EXCLUDED OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: www.v9.hellopackage.com

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE SOFTWARECONTRARY CONTAINED IN THE AGREEMENT, DOCUMENTATION, BUZINESSWARE PROVIDES THE SERVICES AND SERVICES ARE PROVIDED ANY RELATED PRODUCTS ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES” BASIS. YOU EXPRESSLY AGREE THAT USE, EXPRESS RESALE OR DISTRIBUTION OF THE SERVICES IS AT YOUR SOLE RISK. BUZINESSWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE AGREEMENT OR THE SERVICES, WHETHER EXPRESS, IMPLIED, BY STATUTE STATUTORY, OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING ORAL OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDERWRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH ACCURACY OR WARRANTIES ARE HEREBY DISCLAIMEDTHAT THE SERVICES WILL BE ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICES ARE PROVIDED BY THIRD-PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY BUZINESSWARE. YOU HAVE RELIED SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, GUARANTEE, REPRESENTATION OR CONDITION, WHETHER WRITTEN OR ORAL, ON NO REPRESENTATIONS BEHALF OF BUZINESSWARE OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDERANY THIRD-PARTY SUPPLIER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS YOU SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES PROVIDED BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Reseller Agreement

Disclaimer of Warranties. YOU AGREE YOUR USE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND SERVICES ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISEINCLUDING, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESSWE, AND PERFORMANCE OF THIS SOFTWAREOUR SERVICE PROVIDERS, DOCUMENTATIONMAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES. , INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU UNDERSTAND AND AGREE THAT THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANYMATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK RISK. AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES, DOCUMENTATION, AND RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES BY YOU AND THE DOWNLOAD AT OUR WEBSITE/MOBILE APPLICATION OR UPLOAD OF ANY MATERIAL THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS , (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON- PERFORMANCE OF ANY DIGITAL CONTENT. SOME STATES THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER JURISDICTIONS DO NOT ALLOW MATTER RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTIONSERVICES.

Appears in 1 contract

Samples: Money Dashboard Terms and Conditions

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," BASIS AND INKSOFT MAKES NO WARRANTIES"AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSESPURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE NEITHER THE REGISTRY NOR ITS AFFILIATES, SUBSIDIARIES OR LICENSORS MAKE ANY WARRANTY THAT YOU HAVE RELIED ON NO REPRESENTATIONS SERVICE(S) PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, DOCUMENTATION, AND OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT RESULTS FROM THE USE DOWNLOAD OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY DIGITAL CONTENTWARRANTY NOT EXPRESSLY MADEHEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES OR OTHER TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE APPLY TO STATE AND JURISDICTION TO JURISDICTIONYOU.

Appears in 1 contract

Samples: Master Services Agreement

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