Common use of DISCLAIMER OF WARRANTIES AND LIABILITIES Clause in Contracts

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.

Appears in 4 contracts

Samples: Mandatory Terms, Mandatory Terms, Mandatory Terms

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DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR ” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO!, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT’S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!’S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Agreement (Saltys Warehouse, Inc.)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE-SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO! AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT'S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!'S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Service Agreement (Netmaximizer Com Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO!, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT'S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!'S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Store Merchant Service Agreement (Nucotec Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ETECHGLOBAL, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF ETECHGLOBAL ONLINE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT’S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. ETECHGLOBAL’S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO ETECHGLOBAL ONLINE OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: www.etechglobal.com

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DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND Except as specifically set forth herein or required by law, Bank will not be liable or have any responsibility of any kind for any loss or damage (whether personal, bodily, economic or otherwise) thereby incurred by you, even if we have been advised of the possibility of such damages or losses, that are a result, directly or indirectly, of:  Your computer equipment, software, and Internet-browser, which includes the illegal or improper access or use of the foregoing by any third-party;  any unauthorized person gaining access to, or otherwise making use of, the Program or Services;  any errors in or omissions from information, materials and functions included in our Web site, Services or any other sites linked to or from our Web site;  your use of this Web site or Services;  any interruption in the availability of our Web site or Services;  delay in the operation or transmission;  computer virus;  loss of data; and  acts or omissions of Internet access providers, online service providers, or any agent or subcontractor of the foregoing. ALL OF THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS MATERIALS, AND FUNCTIONS CONTAINED IN BANK’S WEB SITE OR PROVIDED BY OUR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU ON AN “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR ” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATIONEITHER EXPRESSED OR IMPLIED, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITEINCLUDING, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUSBUT NOT LIMITED TO, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM ERRORS, INTERNET HACKERS OR COMPUTER VIRUS. BANK DOES NOT WARRANT THE ADEQUACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE MATERIALS INCLUDED IN OR PROVIDED BY ITS WEB SITE, PRODUCTSSERVICES OR THAT OF OTHER SITES LINKED TO OR FROM ITS WEB SITE, AND DOES NOT WARRANT THAT THE SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT FUNCTIONS PROVIDED BY BANK WILL BE UNINTERRUPTED OR ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR FREE. IN NO EVENT WILL BANK BE LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITESPECIAL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTGENERAL, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR SPECIAL SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH AS THEY RELATE TO YOUR ACCESS TO OR USE OF SHAREABLEBANK’S WEB SITE AND SERVICES, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENTTHEREOF. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THIS SECTION 15 WILL SURVIVE THE PROVISIONS TERMINATION OF THIS SECTIONAGREEMENT AND DISCLOSURE BY EITHER PARTY, WITH RIGHT AND ALSO LIMITS THE LIABILITY OF ENFORCEMENT. TURSS reserves the right to publish or use any responsesANY AGENT, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSEMPLOYEE OR AFFILIATE OF BANK.

Appears in 1 contract

Samples: Online Banking Agreement and Disclosure Statement

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE ALL LICENSED INFORMATION AND OTHER MATERIAL ON THE SITE, WEBSITES (INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS WITHOUT LIMITATION LEGISLATION AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE CASE REPORTS) IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR ” AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTEITHER EXPRESS OR IMPLIED, CREDIT INFORMATIONAND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. DAILY JOURNAL, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY LICENSED INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. DAILY JOURNAL, NON-INFRINGEMENT ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND INFORMATIONAL LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. THEREFORETHE INFORMATION CONTAINED AT DAILY JOURNAL WEB SITES IS NOT INTENDED TO PROVIDE, YOU AGREE THAT AND DOES NOT CONSTITUTE, LEGAL ADVICE. YOUR ACCESS OF THE SERVICES, INCLUDING DOCUMENTS ORDERED FROM THE WEBSITES, DOES NOT CONSTITUTE AN ATTORNEYCLIENT RELATIONSHIP. THE ENTIRE RISK AS TO RESULTS AND USE PERFORMANCE IS ASSUMED BY THE USER OF SHAREABLETHE LICENSED INFORMATION. THE LICENSED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE SITEDAILY JOURNAL UNDERTAKES NO DUTY OR RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS OF ANY CHANGES TO LICENSED INFORMATION. THE WEBSITES INCLUDE FACTS, PRODUCTSVIEWS, SERVICES OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. DAILY JOURNAL AND ITS CONTENT ARE AT YOUR OWN RISKLICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS. ADDITIONALLY, YOU AGREE DAILY JOURNAL DOES NOT WARRANT THAT THE CREDIT INFORMATION WEBSITES ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT YOU AUTHORIZE TURSS TO SHARE WITH THE WEBSITES ARE FREE OF ERRORS OR VIRUSES, WORMS,“TROJAN HORSES,” MALWARE, SPYWARE, ADWARE, OR ANY OTHER MALICIOUS CODE CREATED BY THIRD PARTIES (COLLECTIVELY, “MALICIOUS CODE”) AND IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH MALICIOUS CODE. DAILY JOURNAL ALSO DOES NOT WARRANT THAT THERE WILL NOT BE UNAUTHORIZED ACCESS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY USING OUR SITEACCESSING ANY OF THE WEBSITES OR PROVIDING US WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) DAILY JOURNAL SHALL NOT BE LIABLE FOR ANY DIRECTSUCH UNAUTHORIZED ACCESS OR USE. IF YOU DO NOT AGREE, INDIRECTYOU SHOULD NOT USE ANY OF THE WEBSITES. DUE TO THE INHERENT NATURE OF ELECTRONIC DISTRIBUTION, INCIDENTALTHERE MAY BE DELAYS AND OMISSIONS IN THE WEBSITES. YOU AGREE THAT THE AGGREGATE LIABILITY OF DAILY JOURNAL, CONSEQUENTIAL ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES OR SPECIAL DAMAGES OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS RELATED TO THIS AGREEMENT, THE WEBSITES OR THE LICENSED INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAILY JOURNAL FOR THE USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF SERVICE IN THE POSSIBILITY OF 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGESCLAIM(S), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.

Appears in 1 contract

Samples: Corporation User Agreement

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