Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.

Appears in 1 contract

Samples: License Agreement

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DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED “AS IS" , WHERE IS” WITH ALL FAULTS AND "AS AVAILABLE" WITHOUT DEFECTS. NW HEREBY DISCLAIMS, AND PINNACLE HEREBY WAIVES, RELEASES AND RENOUNCES, ANY REPRESENTATION OR WARRANTY AND ALL OBLIGATIONS AND LIABILITIES OF ANY KINDNW AND RIGHTS, CLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EXPRESS OR IMPLIED, AS ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE APPLICATION ANY FAULT OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESDEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW’S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT APPLY TO A TORT CLAIM ARISING FROM NW=S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND NONINFRINGEMENT. USE (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSUSE, REVENUE OR PROFIT, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDFOR ANY OTHER DIRECT, TIMELY, SECURE, INCIDENTAL OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATIONCONSEQUENTIAL DAMAGES. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.ARTICLE TEN

Appears in 1 contract

Samples: Family Assistance Services Agreement (Pinnacle Airlines Corp)

DISCLAIMER OF WARRANTY. AMWAY AND ITS LICENSORS DO NOT MAKE ANY WARRANTIES, TERMS, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO BCA, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION SERVICE, AND NON- INFRINGEMENT, OF MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, OR ANY WARRANTY OR CONDITION THAT BCA IS ACCURATE OR COMPLETE, AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED HEREBY. BCA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION WARRANTY OR WARRANTY CONDITION OF ANY KIND, EXPRESS . YOU AGREE THAT NO COURSE OF DEALING OR IMPLIED, AS PERFORMANCE OR USAGE OF TRADE SHALL APPLY TO THE APPLICATION OR ITS OPERATIONTHIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT YOU MAY WISH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN BRING AGAINST AMWAY AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY LICENSORS ARE AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXPRESSLY PROVIDED IN THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. THE APPLICATION SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR . LICENSOR AND ITS OPERATION. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY THAT THE SOFTWARE OR DOCUMENTATION ARE ERROR-FREE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (2) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON- INFRINGEMENT AND (3) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. USE YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE APPLICATION IS AT SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE YOUR OWN RISKINTENDED RESULTS. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSALL TRIAL VERSIONS, INCLUDING BUT NOT LIMITED TO FREE, TRIAL, BETA, OR THAT NON-COMMERCIAL VERSIONS OF THE APPLICATION WILL BE UNINTERRUPTEDSOFTWARE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY WITHOUT WARRANTIES OF ANY CONTENT OBTAINED THROUGH KIND, MAINTENANCE OR INDEMNITY OBLIGATION ON THE APPLICATIONPART OF LICENSOR. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONIf a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the Delivery Date; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 15 (Limitation on Liability).

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. You expressly agree that use of Skyfie is at your sole risk. Neither _Skyfie, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that Skyfie will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Skyfie, or as to the accuracy, completeness, reliability, security, or currency of the Materials or Content submitted by users. Skyfie does not warrant reliability of any statement or other information displayed or distributed through the Services. THE APPLICATION IS INFORMATION, CONTENT, AND MATERIALS ON SKYFIE ARE PROVIDED "ON AN “AS IS" ,” “WHERE IS,” AND "AS “WHERE AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR ITS OPERATIONTHE MATERIALS ON SKYFIE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM SKYFIE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON SKYFIE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON SKYFIE OR YOUR USE SKYFIE GENERALLY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON- INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. LIMITATION OF LIABILITIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE COMPANY' S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TERM OF USE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATION IS AT SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this agreement (including any alleged breach) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR OWN RISKRIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOU ALSO GIVE UP YOUR REQUIREMENTSRIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING . Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR THAT THE APPLICATION WILL BE UNINTERRUPTEDJURY , TIMELYand the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, SECUREbut you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. This agreement, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONand any dispute between you and The Xxxxxxx Xxxxxxx Foundation for Excellence, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR A COMPLETE REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE APPLICATION SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR . LICENSOR AND ITS OPERATION. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY THAT THE SOFTWARE OR DOCUMENTATION ARE ERROR-FREE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (2) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON- INFRINGEMENT AND (3) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. USE YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE APPLICATION IS AT SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE YOUR OWN RISKINTENDED RESULTS. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSALL TRIAL VERSIONS, INCLUDING BUT NOT LIMITED TO FREE, TRIAL, BETA, OR THAT NON-COMMERCIAL VERSIONS OF THE APPLICATION WILL BE UNINTERRUPTEDSOFTWARE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY WITHOUT WARRANTIES OF ANY CONTENT OBTAINED THROUGH KIND, MAINTENANCE OR INDEMNITY OBLIGATION ON THE APPLICATIONPART OF LICENSOR. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONIf a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the Delivery Date; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 15 (Limitation of Liability).

Appears in 1 contract

Samples: User License Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION SOFTWARE IS PROVIDED "TO YOU “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES, AND NONINFRINGEMENTANY WARRANTIES REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE SOFTWARE. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. COMPANY DOES NOT WARRANT THAT USE OF THE APPLICATION SOFTWARE WILL BE CONTINUOUS OR UNINTERRUPTED AND COMPANY SHALL NOT BE RESPONSBILE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY DISCRETION AND RISK AND THAT THE APPLICATION WILL MEET YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR REQUIREMENTSCOMPUTER, DEVICE, SYSTEM OR THAT THE APPLICATION WILL BE UNINTERRUPTEDNETWORK, TIMELY, SECURE, INCLUDING ANY LOSS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY CORRUPTION OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONDATA.

Appears in 1 contract

Samples: End User License Agreement Terms and Conditions

DISCLAIMER OF WARRANTY. You expressly agree that use of this Web site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. THIS SITE AND THE APPLICATION IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS WHERE AVAILABLE" WITHOUT ANY REPRESENTATION BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR ITS OPERATIONTHE MATERIALS ON THIS SITE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM THE COMPANYEXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. Without limiting the scope of the foregoing, every effort is made by the Company to make certain that the Web site and the software and processes within it reflect the most current policies and procedures published by the Federal Housing Administration and information made widely available by the FHA, such as within their guides, mortgagee letters, and Department of Housing and Urban Development Web sites. Directed interpretations and information obtained by specific persons from employees or agents of the FHA or HUD are not considered information that is widely available and the Company has no liability for not having reflected such interpretations and information in the Web site. LIMITATION OF LIABILITIES YOU AGREE THAT THE COMPANYAND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSMATERIALS, CONTENT, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDINFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, TIMELY, SECURECONTRACT, OR ERROR FREE; NOR DOES LISTEN MAKE OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANYOR ANY WARRANTY AS OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION MATERIALS, CONTENT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION INFORMATION ON THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE APPLICATIONCOMPANYOR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Web Site Terms

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED "AS AS-IS" AND "AS AVAILABLE" , WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE APPLICATION FITNESS, CAPACITY, OR ITS OPERATION. CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE MAXIMUM EXTENT PERMITTED SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY APPLICABLE LAWANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, FAILURE TO CONCLUDE TRANSACTIONS OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OBSERVE APPLICABLE MARKET REGULATIONS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS CONVENTIONS OR TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION PAY REQUISITE TAXES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR OTHER CHARGES ON ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONOR TO OTHERWISE ACT LAWFULLY.

Appears in 1 contract

Samples: Connectivity Services Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED "AS AS-IS" AND "AS AVAILABLE" , WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THEEXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE APPLICATION FITNESS, CAPACITY, OR ITS OPERATION. CONDUCT OF ANY OTHER PERSON HAVINGACCESS TO THE MAXIMUM EXTENT PERMITTED SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY APPLICABLE LAWANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, FAILURE TO CONCLUDE TRANSACTIONS OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OBSERVE APPLICABLE MARKET REGULATIONS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS CONVENTIONS OR TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION PAY REQUISITE TAXES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR OTHER CHARGES ON ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONOR TO OTHERWISE ACT LAWFULLY.

Appears in 1 contract

Samples: Connectivity Services Agreement

DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE APPLICATION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY BASIS. SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON-INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDOTHER SECURITY INTRUSION, TIMELY, SECURE, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OTHERWISE OBTAINED THROUGH THE APPLICATIONUSE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SERVICES PURCHASED SUITABLE FOR USE IN SITUATIONS OR OBTAINED THROUGH ENVIRONMENTS WHERE THE APPLICATION FAILURE OR ANY TRANSACTIONS ENTERED INTO THROUGH TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE APPLICATIONCONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION SDK IS PROVIDED "TO YOU “AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LISTEN VECTORWORKS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SDK, INCLUDING WITHOUT LIMITATION, ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENTNON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. USE OF WITHOUT LIMITATION TO THE APPLICATION IS AT YOUR OWN RISK. LISTEN FOREGOING, VECTORWORKS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY REPRESENTATION OF ANY KIND THAT THE APPLICATION SDK 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 THE APPLICATION ANY ERRORS OR DEFECTS CAN OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATIONCORRECTED. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSome jurisdictions do not allow the exclusion of certain warranties so some or all of the above limitations may not apply to You. You may have rights that vary from jurisdiction to jurisdiction.

Appears in 1 contract

Samples: download2.nemetschek.net

DISCLAIMER OF WARRANTY. THE APPLICATION IS SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT ANY REPRESENTATION CONDITION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY AGAINST INTERFER- ENCE WITH YOUR ENJOYMENT OR AGAINST INFRINGEMENT WITH RESPECT TO THE APPLICATION SOFTWARE AND DOCUMENTATION. THERE IS NO WARRANTY THAT THE SOFTWARE OR THE DOCUMENTATION WILL FUL- FILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO IMPLIED WARRANTY OF BENEFIT FOR THE ORDINARY PURPOSES TO WHICH SUCH SOFTWARE OR DOCUMENTATION ARE USED. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT ANIMBOT OR ITS OPERATIONAFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO FURTHER, ANIMBOT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUSE OF, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR THE RESULTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE USE OF THE APPLICATION IS SOFTWARE IN TERMS OF ITS ABILITY TO DETER UNAUTHORIZED ACCESS, ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIA- BILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS PERFORMANCE SOLELY AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE APPLICATION WILL MEET YOUR REQUIREMENTSSOFTWARE FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY ANIMBOT'S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOY- MENT OR THAT NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. ANIMBOT IS NOT LIABLE FOR DE- LAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, USE OF THE INTER- NET AND ELECTRONIC COMMUNICATIONS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO OTHER SYSTEMS OUTSIDE THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY REASONABLE CONTROL OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONANIMBOT.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED "AS AS-IS" AND "AS AVAILABLE" , WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY LTSE WILL MEET USER'S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. LTSE GIVES NO WARRANTIES OF ANY KIND AS TO THE APPLICATION FITNESS, CAPACITY, OR ITS OPERATION. CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE MAXIMUM EXTENT PERMITTED SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY APPLICABLE LAWANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, FAILURE TO CONCLUDE TRANSACTIONS OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OBSERVE APPLICABLE MARKET REGULATIONS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS CONVENTIONS OR TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION PAY REQUISITE TAXES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR OTHER CHARGES ON ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONOR TO OTHERWISE ACT LAWFULLY.

Appears in 1 contract

Samples: Connectivity Services Agreement

DISCLAIMER OF WARRANTY. You expressly agree that use of this Web site is at your sole risk. Neither FORWARD INFORMATION TECHNOLOGIES, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, FORWARD INFORMATION TECHNOLOGIES does not warrant reliability of any statement or other information displayed or distributed through the site. FORWARD INFORMATION TECHNOLOGIES reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. FORWARD INFORMATION TECHNOLOGIES may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. THIS SITE AND THE APPLICATION IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS WHERE AVAILABLE" WITHOUT ANY REPRESENTATION BASIS. FORWARD INFORMATION TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR ITS OPERATIONTHE MATERIALS ON THIS SITE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM FORWARD INFORMATION TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. LIMITATION OF LIABILITIES YOU AGREE THAT FORWARD INFORMATION TECHNOLOGIES AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSMATERIALS, CONTENT, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDINFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, TIMELY, SECURECONTRACT, OR ERROR FREE; NOR DOES LISTEN MAKE OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FORWARD INFORMATION TECHNOLOGIES OR ANY WARRANTY AS OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION MATERIALS, CONTENT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION INFORMATION ON THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FORWARD INFORMATION TECHNOLOGIES OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE APPLICATIONPOSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify, defend, and hold harmless FORWARD INFORMATION TECHNOLOGIES, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. PRIVACY POLICY Click here to access FORWARD INFORMATION TECHNOLOGIES's Privacy Policy governing the use of information that FORWARD INFORMATION TECHNOLOGIES obtains from you through your use of this Web site. LIMITATIONS ON CLAIM Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises; and you further agree that venue for all actions shall be exclusively in the State of Michigan in the State or Federal Courts serving Xxxxxxxxxx County.

Appears in 1 contract

Samples: Web Site Terms

DISCLAIMER OF WARRANTY. THE APPLICATION PRODUCT IS PROVIDED "AS IS" WITH A 365 DAY LICENSE, AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY WITH WARRANTIES THAT IT IS FREE OF ANY KIND, EXPRESS OR IMPLIEDDEFECTS, AS TO OUTLINED IN THE APPLICATION OWNER/TECHNICAL MANUAL. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR ITS OPERATIONNON-INFRINGING. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSOR SHALL ASSUME THE RESPONSIBLITY OF CORRECTING ANY SUCH DEFECT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND IN NO EVENT WILL LICENSOR OR ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESSUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY IMPLIED WARRANTIES AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSETHE POSSIBILITY THEREOF, AND NONINFRINGEMENT. USE REGARDLESS OF THE APPLICATION LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS AT YOUR OWN RISKBASED. LISTEN MAKES NO WARRANTY THAT IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT AGGREGATE THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO SUM OF THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATIONFEES LICENSEE PAID FOR THIS LICENSE (IF ANY). LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION8.

Appears in 1 contract

Samples: Distribution Agreement (Phon Net Com Inc)

DISCLAIMER OF WARRANTY. YOUR USE OF THE APPLICATION SOFTWARE IS AT YOUR SOLE RISK. YOUR LICENSE IS PROVIDED TO YOU ON AN "AS IS" BASIS. PST XXXXXX SOFTWARE, ON BEHALF OF ITSELF AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AS TO THE APPLICATION ARISING BY LAW OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHERWISE (INCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENTNON-INFRINGEMENT). PLEASE NOTE THAT THE SOFTWARE MAY NOT MEET YOUR NEEDS. PST XXXXXX SOFTWARE MAKES NO REPRESENTATION OR WARRANTY: (A) THAT THE SOFTWARE WILL MEET YOUR NEEDS; (B) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (C) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE APPLICATION SERVICE IS DONE AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY CHOICE AND RISK AND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION YOU WILL BE UNINTERRUPTED, TIMELY, SECURE, SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE LOSS OF DATA THAT RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION RETRIEVAL OF SUCH MATERIAL OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONDATA.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE APPLICATION LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR WARRANTY CONDITIONS OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED (WHETHER BY STATUTE, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESCUSTOM, INCLUDING USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTSECURITY OR NON-INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY CHAOS DOES NOT WARRANT THAT THE APPLICATION LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET YOUR REQUIREMENTSLICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR THAT THE APPLICATION OUTPUT WILL BE UNINTERRUPTED, TIMELYERROR-FREE, SECUREACCURATE, RELIABLE, OR ERROR FREE; COMPLETE NOR DOES LISTEN MAKE ANY WARRANTY AS TO THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE RESULTS THAT FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE OBTAINED FROM THE APPLICATION IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONMODIFIED BY A CONTRACTUAL RESTRICTION.

Appears in 1 contract

Samples: License and Services Agreement

DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT BOUNDLESS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APPLICATION PRODUCT, WHICH IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOUNDLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATABILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO THE PRODUCT AND NONINFRINGEMENT. ANY SOFTWARE TO WHICH IT IS LINKED, AND THE USE OR THE RESULTS OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY USE OF ANY CONTENT OBTAINED THROUGH THE APPLICATIONPRODUCT. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BOUNDLESS DOES NOT WARRANT THAT THE APPLICATION PRODUCT OR ANY TRANSACTIONS ENTERED INTO THROUGH CONTENT WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONPRODUCT IS FREE OF VIRUSES, WORMS OR OTHER POTENTIALLY DAMAGING COMPUTER PROGRAMS OR FILES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR USE OF THE PRODUCT IS ASSUMED SOLELY BY YOU. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Appears in 1 contract

Samples: static.carahsoft.com

DISCLAIMER OF WARRANTY. THE APPLICATION IS AND ACCESS THERETO ARE PROVIDED "ON AN “AS IS" ” BASIS, AND "AS AVAILABLE" WITHOUT TEK GROUP: (A) DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE ANY WARRANTIES ARISING FROM COURSE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSDEALING, USAGE, OR TRADE PRACTICE; (B) DOES NOT WARRANT THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELYERROR-FREE, OR SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE THAT ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION INFORMATION, SOFTWARE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED OTHER MATERIAL ACCESSIBLE THROUGH THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL CONTENTS OR COMPONENTS; (C) SHALL IN NO EVENT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY TRANSACTIONS ENTERED INTO THROUGH INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA), CAUSED IN WHOLE OR IN PART BY OR DUE TO FAILURES, DELAYS OR INTERRUPTIONS OF, THE APPLICATION.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. You expressly agree that use of this website is at your sole risk. Neither 814 CRE, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, 814 CRE, LLC does not warrant reliability of any statement or other information displayed or distributed through the site. 814 CRE, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. 814 CRE, LLC may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. TO THE APPLICATION IS FULLEST EXTENT ALLOWABLE BY LAW, THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED "ON AN “AS IS" ,” “WHERE IS,” AND "AS “WHERE AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS. 814 CRE, LLC MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR ITS OPERATIONTHE MATERIALS ON THIS SITE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM 814 CRE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONNON-INFRINGEMENT.

Appears in 1 contract

Samples: Website Terms

DISCLAIMER OF WARRANTY. THE APPLICATION SOFTWARE IS PROVIDED "TO YOU “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN ALD AND ITS DISTRIBUTION AND SYNDICATION PARTNERS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSUS. ALD DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, AND NONINFRINGEMENT. MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION SOFTWARE IS DONE AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY DISCRETION AND RISK AND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION YOU WILL BE UNINTERRUPTEDSOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, TIMELYSYSTEM OR NETWORK, SECURE, INCLUDING ANY LOSS OR ERROR FREE; NOR CORRUPTION OF DATA. ALD DOES LISTEN MAKE ANY NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. NO AGENT OF ALD IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF ALD AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSET FORTH HEREIN.

Appears in 1 contract

Samples: User License Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service and End User License Agreement

DISCLAIMER OF WARRANTY. CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. QUANTUMPATH® AND THE APPLICATION IS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT BASIS. NEITHER CONTRACTOR NOR ANY PERSON ASSOCIATED WITH CONTRACTOR MAKES ANY WARRANTY OR REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS WITH RESPECT TO THE APPLICATION COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR ITS OPERATIONAVAILABILITY OF QUANTUMPATH® AND THE SERVICES. TO WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESNEITHER CONTRACTOR NOR ANYONE ASSOCIATED WITH CONTRACTOR REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYTHIRD-PARTY SERVICES (AS DEFINED BELOW)) WILL BE ACCURATE, FITNESS FOR A PARTICULAR PURPOSERELIABLE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSSERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT QUANTUMPATH® AND THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, SERVICES OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ITEMS OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS SERVICES (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) WILL OTHERWISE MEET YOUR NEEDS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXPECTATIONS.

Appears in 1 contract

Samples: End User Customer Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS SOFTWARE AND ANY SERVICES RELATED TO THE SOFTWARE PROVIDED "AS BY MEDICITY AND/OR ITS RESELLERS AND OTHER SOFTWARE VENDORS ARE PROVIDED UNDER THIS LICENSE ON AN “AN IS" AND "”, “AS AVAILABLE" ” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE OR SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PATICULAR PURPOSE OR NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNITERRUPTED, TIMELY OR ERROR-FREE; OR THAT THE INFORMATION PROVIDED BY A PARTICIPANT REGARDING THE PARTICIPANT’S MEDICAL SPECIALTY ACCESSED VIA THE SOFTWARE IS ACCURATE. ANY QUESTION ABOUT A PARTICIPATING PRACTICE’S OR PROVIDER’S SPECIALTY SHOULD BE DIRECTLY ADDRESSED WITH THE PRACTICE OR PROVIDER IN QUESTION. THE ENTIRE RISK AS TO THE APPLICATION QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES ARE WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SOFTWARE OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. THIS AGREEMENT DOES NOT OBLIGATE MEDICITY OR ITS OPERATION. RESELLERS AND OTHER SOFTWARE VENDOR TO PROVIDE ANY SERVICES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE OR ANY UPDATES TO YOU AND ANY SUCH SERVICES OR UPDATES, LISTEN IF PROVIDED, TO YOU AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, AT THE SOLE DISCRETION OF MEDICITY AND/OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONITS RESELLERS.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. UNLESS THE APPLICATION DISCLAIMER OF SUCH WARRANTIES IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, LISTEN YOU EXPRESSLY AGREE THAT USE OF THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND ITS DISTRIBUTION THE SERVICES ARE PROVIDED “AS IS,” AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES“AS AVAILABLE” AND THAT WE DO NOT MAKE ANY WARRANTIES WHATSOEVER THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE BANK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM THE CLIENT’S USE OF THE SERVICES. THE BANK MAKES NO, AND EXPRESSLY DISCLAIMS ALL, WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE YOUR USE OF THE SERVICES AND THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTTITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. USE WITHOUT LIMITING THE GENERALITY OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO FOREGOING, THE BANK DISCLAIMS ANY WARRANTIES REGARDING ANY SOFTWARE, ANY COMMUNICATION OR COMMUNICATION MEDIUM, THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND THE EQUIPMENT, INCLUDING ANY WARRANTY THAT THE APPLICATION SERVICES AND THE EQUIPMENT WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS . THE CLIENT ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, TRANSMISSION ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING THE SERVICES AND ASSUMES ALL RISKS RELATING TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONFOREGOING.

Appears in 1 contract

Samples: Service Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS THESE SERVICES ARE PROVIDED "BY BEAR CRUSH ON AN “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS. BEAR CRUSH MAKES NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THEIR SERVICES, OR ITS OPERATIONTHE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER BEAR CRUSH NOR ANY PERSON ASSOCIATED WITH BEAR CRUSH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOMPLETENESS, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BEAR CRUSH NOR ANYONE ASSOCIATED WITH BEAR CRUSH REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BEAR CRUSH HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. THE APPLICATION IS SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND ", AS AVAILABLE" WITHOUT ANY REPRESENTATION BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KINDKIND REGARDING THE SITE AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION SITE AND SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECUREOTHER HARMFUL COMPONENTS, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Scope of Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LISTEN EACH OF THE SOFTWARE AND ITS DISTRIBUTION MANAGED SERVICES IS PROVIDED “AS IS,” AND SYNDICATION PARTNERS DISCLAIM COMPANY DISCLAIMS ANY AND ALL WARRANTIESWARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE OR MANAGED SERVICES AND ANY SERVICES PROVIDED BY COMPANY, INCLUDING WITHOUT LIMITATIONWHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, AND NONINFRINGEMENTANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE CREATE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY NOT EXPRESSLY STATED IN THIS AGREEMENT. COMPANY DISCLAIMS ALL WARRANTIES OF ANY CONTENT OBTAINED THROUGH KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE APPLICATIONSOFTWARE OR MANAGED SERVICES. LISTEN MAKES WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 11, COMPANY DOES NOT WARRANT THAT: (A) THE SOFTWARE OR MANAGED SERVICES WILL OPERATE IN AN ERROR-FREE AND/OR UNINTERRUPTED MANNER; AND/OR (B) THE SOFTWARE OR MANAGED SERVICES WILL ELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTY REGARDING ANY GOODS WARRANTIES OR SERVICES PURCHASED REPRESENTATIONS IN COMPANY’S NAME OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONON COMPANY’S BEHALF.

Appears in 1 contract

Samples: Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED "TO YOU ON AN “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND” BASIS, AND NEC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO SOFTWARE, ANY IMPLIED WARRANTIES OF HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS AND (B) MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEC DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT NEC WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT AND NONINFRINGEMENT. USE OF YOUR APPLICATIONS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION SERVICES, INCLUDING ANY PRODUCTS, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM NEC UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT NEC DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON-NEC SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT. NEC IS NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT. NEC RESERVES THE RIGHT TO MAKE ANY WARRANTY AS CHANGES OR UPDATES TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF SERVICES, NEC PROGRAMS AND TRIAL AT ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONTIME WITHOUT NOTICE.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. LICENSOR AND ITS DISTRIBUTION PARENT, AFFILIATES, AND SYNDICATION PARTNERS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIESOTHER WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATIONWHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. FURTHER, AND NONINFRINGEMENT. USE OF THE APPLICATION THERE IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE, OR THAT THE APPLICATION SOFTWARE WILL MEET YOUR REQUIREMENTS. IN PARTICULAR, LICENSOR AND ITS PARENT, AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LICENSOR OR ITS PARENT, AFFILIATES, OR THAT SUPPLIERS, OR OTHERWISE IN CONNECTION WITH THE APPLICATION SOFTWARE, WILL CREATE ANY WARRANTY OR OBLIGATION ON BEHALF OF LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS. THE ENTIRE RISK ARISING OUT OF THE USE, PERFORMANCE AND QUALITY OF THE SOFTWARE REMAINS WITH YOU. THE SOFTWARE IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE UNINTERRUPTED, TIMELY, SECURE, SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO OTHER SYSTEMS AND LOSS OF DATA IN CONNECTION WITH THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSOFTWARE.

Appears in 1 contract

Samples: files.ipevo.com

DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE APPLICATION SERVICE IS PROVIDED "ON AN “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY ” BASIS. SERVICE PROVIDER AND ITS AFFILIATES, AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, PARTNERS, LICENSORS AND CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE. FURTHER, SERVICE PROVIDER AND NONINFRINGEMENT. VIASAT’S PARTNERS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (b) YOUR USE OF THE APPLICATION SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER AND VIASAT’S PARTNERS DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER AND VIASAT’S PARTNERS DISCLAIM ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LISTEN MAKES NO WARRANTY YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSSERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR THAT ERRORS OR INACCURACIES IN, THE APPLICATION WILL BE UNINTERRUPTEDCONTENT, TIMELYDATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, SECUREPERSONAL INJURY, OR ERROR FREESEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR DOES LISTEN MAKE SHALL YOU RELY ON ANY WARRANTY AS SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT SUCH EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW.

Appears in 1 contract

Samples: irp-cdn.multiscreensite.com

DISCLAIMER OF WARRANTY. Customer agrees to use all Services and any information obtained through or from DMXHOSTING, at Customer's own risk. Customer acknowledges and agrees that DMXHOSTING exercises no control over, and accepts no responsibility for, the content of the information passing through DMXHOSTING's host computers, network hubs and points of presence or the Internet. THE APPLICATION IS SERVICES PROVIDED "UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS" AND , AS AVAILABLE BASIS. NONE OF DMXHOSTING, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "AS AVAILABLE" WITHOUT DMXHOSTING PERSON") MAKE ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT DMXHOSTING PROVIDES. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN NO DMXHOSTING PERSON MAKES NO WARRANTY ANY WARRANTIES THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL NOT BE UNINTERRUPTED, TIMELY, SECURE, INTERRUPTED OR ERROR FREE; NOR DOES LISTEN DO ANY OF THEM MAKE ANY WARRANTY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICES OR AS TO THE ACCURACY ACCURACY, RELIABILITY OR RELIABILITY CONTENT OF ANY CONTENT OBTAINED INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE APPLICATIONSERVICES. LISTEN MAKES NO WARRANTY REGARDING DMXHOSTING IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY GOODS LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR SERVICES PURCHASED FROM CUSTOMER OR OBTAINED THROUGH THE APPLICATION STORED BY CUSTOMER OR ANY TRANSACTIONS ENTERED INTO THROUGH OF CUSTOMER'S CUSTOMERS VIA THE APPLICATIONSERVICES PROVIDED BY DMXHOSTING. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY DMXHOSTING PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. User agrees to use all Services provided hereunder, at User's own risk. THE APPLICATION IS SERVICES PROVIDED "UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS" AND ", AS AVAILABLE" WITHOUT , BASIS. NEITHER THE ACADEMY NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN NO RELATED PERSON MAKES NO WARRANTY ANY WARRANTIES THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL NOT BE UNINTERRUPTED, TIMELY, SECURE, INTERRUPTED OR ERROR FREE; NOR DOES LISTEN DO ANY OF THEM MAKE ANY WARRANTY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICES OR AS TO THE ACCURACY ACCURACY, RELIABILITY OR RELIABILITY CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER VIA THE SERVICES PROVIDED BY US. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATIONUSE OF THE SERVICES WILL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONThe terms of this section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Terms of Use and Service

DISCLAIMER OF WARRANTY. MYRENTPORTAL DOES NOT WARRANT OR GUARANTEE THE APPLICATION IS ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITES AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITES. THE SITES ARE PROVIDED "AS AS-IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM MYRENTPORTAL DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICATION LAWS APPLICABLE TO THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS ACQUIRED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION DISCRETION AND RISK AND YOU WILL BE UNINTERRUPTED, TIMELY, SECURE, SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE LOSS OF DATA THAT RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY DOWNLOAD OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSUCH MATERIAL.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDBright MLS may change, EXPRESS OR IMPLIEDsuspend, AS TO THE APPLICATION OR ITS OPERATIONor discontinue any aspect of the Bright MLS Service and any other service provided by Bright MLS at any time without notice or liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN THE BRIGHT MLS SERVICE AND ITS DISTRIBUTION ANY BRIGHT MLS CONTENT OR OTHER CONTENT MADE AVAILABLE BY BRIGHT MLS THROUGH THE BRIGHT MLS SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESTHE ENTIRE RISK AS TO USE, SATISFACTORY PERFORMANCE, ACCURACY, AND COMPLETENESS IS WITH SUBSCRIBER. BRIGHT MLS MAKES NO GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OBTAINED. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, BRIGHT MLS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NON- INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSENCUMBRANCES, NO LIENS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.SYSTEM INTEGRATION;

Appears in 1 contract

Samples: Subscription Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS EXCEPT AS MAY BE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION CONTRARY IN A WRITING BY KPS, YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, OR ITS OPERATIONWITH THE T&C, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN THE SITE AND ITS DISTRIBUTION ALL CONTENT, SOFTWARE, DOCUMENTS AND SYNDICATION PARTNERS DISCLAIM MATERIAL ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE, WITH ALL WARRANTIESFAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KPS HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, AND NONINFRINGEMENTNON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. KPS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KPS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, KPS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SITE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KPS OR AN AUTHORIZED REPRESENTATIVE OF KPS SHALL CREATE A WARRANTY. LIMITATION OF LIABILITY IN NO EVENT SHALL KPS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS OR THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, OR FOR ANY LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY THIRD PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATION WILL MEET YOUR REQUIREMENTSUSE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM KPS, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDRESULT FROM MISTAKES, TIMELYOMISSIONS, SECUREINTERRUPTIONS, DELETION OF FILES OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION TRANSMISSION OR ANY TRANSACTIONS ENTERED INTO THROUGH FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KPS'S RECORDS, PROGRAMS OR SERVICES, EVEN IF AN INDEMNITEE, IS ADVISED OF THE APPLICATIONPOSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. You specifically acknowledge and agree that the Indemnitees are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while KPS intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, KPS does not warrant, guarantee or make any representations that the Site, or any Site Contents, shall be available for downloading, or will be free of viruses, spyware or destructive materials and the Indemnitees shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing of, the Site or the server that makes it available, or your uploading of any content to the Site. APPLICABLE LAW AND VENUE These T&C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise these T&C or any rights or obligations herein. These T&C and your use of the Site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India, without resort to its conflict of law provisions. You agree that the Courts of Mumbai alone and no other courts shall have the jurisdiction to entertain and try any action at law or in equity arising out of or relating to these T&C shall be filed only in the courts located in India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from this site, or these T&C. MODIFICATION & NOTICE You agree that KPS may modify these T&C and any other policies on our Site at any time and that posting the modified T&C or policies on our Site will constitute sufficient notice of such modification.

Appears in 1 contract

Samples: Important Legally Binding Agreement

DISCLAIMER OF WARRANTY. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, US AIRWAYS TRANSFERS AND DELTA TAKES THE APPLICATION IS US AIRWAYS TRANSFERRED ASSETS, INCLUDING US AIRWAYS LAGUARDIA TANGIBLE PERSONAL PROPERTY “AS-IS,” “WHERE-IS.” EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED "AS IS" IN ARTICLE V OR IN THE ANCILLARY DOCUMENTS, US AIRWAYS DOES NOT MAKE, HAS NOT MADE AND "AS AVAILABLE" WITHOUT SHALL NOT BE DEEMED TO HAVE MADE, AND HEREBY EXPRESSLY DISCLAIMS AND WILL BE DEEMED TO HAVE EXPRESSLY DISCLAIMED, ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTY, EXPRESS OR IMPLIED, AS TO THE APPLICATION TITLE, WORKMANSHIP, CONDITION, DESIGN, OPERATION, MERCHANTABILITY OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE PURPOSE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSUS AIRWAYS TRANSFERRED ASSETS, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDINCLUDING US AIRWAYS LAGUARDIA TANGIBLE PERSONAL PROPERTY, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ACCURACY OR RELIABILITY ABSENCE OF ANY CONTENT OBTAINED THROUGH INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR ANY TRANSACTIONS ENTERED INTO THROUGH OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATIONUS AIRWAYS TRANSFERRED ASSETS OR OTHERWISE.

Appears in 1 contract

Samples: Mutual Asset Purchase and Sale Agreement (Us Airways Inc)

DISCLAIMER OF WARRANTY. THE APPLICATION SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU, "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY ". CVS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESSTATUTORY, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THIS SERVICE OR THAT THE APPLICATION ANY PART THEREOF WILL BE UNINTERRUPTED, TIMELYERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR ERROR FREE; NOR THAT PROBLEMS WILL BE CORRECTED, EVEN IF CVS IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT NO ADVICE OR INFORMATION GIVEN BY CVS OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THIS SERVICE. CVS DOES LISTEN NOT MAKE ANY WARRANTY AS TO WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONOTHERWISE.

Appears in 1 contract

Samples: www.cvs.com

DISCLAIMER OF WARRANTY. YOU HEREBY RELEASE US AND AGREES TO HOLD SUSTAINABLE THERAPY, INC., ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE APPLICATION IS COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM. THE SERVICES AND CONTENT PROVIDED BY STI ARE PROVIDED "AS IS" AND ", "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. STI AND OUR DIRECTORS, EXPRESS EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR IMPLIED, AS TO AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION SERVICES IS FREE OF VIRUSES OR ITS OPERATIONOTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR USE OF THE APPLICATION SERVICES IS SOLELY AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSSTI DOES NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDSTATUTORY, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS RELATING TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO (A) ANY COUNSELOR; (B) ANY INFORMATION ABOUT ANY COUNSELOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR AS TO THE ACCURACY OR RELIABILITY BACKGROUND OF ANY CONTENT OBTAINED PROVIDER; (C) THE COUNSELOR SERVICES (WHETHER THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY TRANSACTIONS ENTERED INTO THROUGH OTHER CONTENT WRITTEN OR SAID BY A COUNSELOR; (D) THE APPLICATION.CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE COUNSELOR SERVICES;

Appears in 1 contract

Samples: www.sustainabletherapy.com

DISCLAIMER OF WARRANTY. 11.1 THE APPLICATION IS PROVIDED "SAAS SERVICES ARE SUPPLIED “AS IS" ,” “WHERE IS,” “WITH ALL FAULTS,” AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM GRASS VALLEY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENTNON-INFRINGEMENT. GRASS VALLEY DOES NOT WARRANT THAT THE SAAS SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SAAS SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SAAS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRASS VALLEY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF GRASS VALLEY’S OBLIGATIONS UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST GRASS VALLEY ARISING OUT OF THE SAAS SERVICES OR THIS AGREEMENT. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE APPLICATION SAAS SERVICES AND ANY OTHER SERVICES PROVIDED BY GRASS VALLEY HEREUNDER IS AT YOUR OWN SOLE RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.

Appears in 1 contract

Samples: Saas Services Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE APPLICATION IS PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), THE PORTAL AND ANY RELATED MATERIALS PROVIDED "TO CUSTOMER IN CONNECTION WITH THE SOFTWARE SERVICES ARE PROVIDED “AS IS" ,” AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION ROAM MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KINDWARRANTIES, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS RELATING DIRECTLY OR INDIRECTLY TO THE APPLICATION PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), THE PORTAL OR ITS OPERATION. RELATED MATERIALS PROVIDED TO CUSTOMER IN CONNECTION WITH THE MAXIMUM EXTENT PERMITTED SOFTWARE SERVICES, WHETHER ORAL, WRITTEN, OR ARISING BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON-INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN ROAM MAKES NO REPRESENTATION OR WARRANTY THAT THE APPLICATION PERFORMANCE OF THE SOFTWARE SERVICES, PORTAL OR RELATED MATERIALS WILL MEET YOUR REQUIREMENTSOPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT SUCH PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), PORTAL AND/OR RELATED MATERIALS ARE COMPATIBLE WITH ANY PARTICULAR APPLICATIONS OR PLATFORMS OTHER THAN THOSE PROVIDED OR SET FORTH IN THE APPLICATION SPECIFICATIONS AND/OR USER GUIDE FOR THE PRODUCTS OR SOFTWARE SERVICES. ROAM DOES NOT WARRANT THAT ANY NONCONFORMANCES IN SOFTWARE SERVICES, PORTAL AND/OR RELATED MATERIALS WILL BE UNINTERRUPTEDCORRECTED. ROAM DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, TIMELYACCURACY, SECURERESULTS, OR ERROR FREE; NOR DOES LISTEN MAKE OUTPUT OF THE SOFTWARE SERVICES, OR SECURITY OF THE SOFTWARE SERVICES OR ANY INFORMATION TRANSMITTED TO OR FROM CUSTOMER OR ANY USER OVER THE INTERNET, INCLUDING THROUGH THE USE OF E-MAIL. NO WARRANTY AS TO THE RESULTS THAT SPECIFICALLY SET FORTH ABOVE MAY BE OBTAINED MODIFIED OR AMENDED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF ROAM. NO AGENT, DISTRIBUTOR, CONTRACTOR, OR OTHER SUPPLIER OF ROAM PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND SUCH WARRANTIES WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM ROAM. FURTHER LIMITATIONS. ROAM WILL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE APPLICATION PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), PORTAL OR RELATED MATERIALS WHICH IS THE RESULT OF: EXTERNAL CAUSES, SUCH AS ACCUMULATION OF DEBRIS (NATURAL OR OTHERWISE), SITE CONDITIONS, INCLUDING WITHOUT LIMITATION, HEAVY TREE COVER; CELLULAR, SATELLITE OR RADIO INTERFERENCE; ACTS OF NATURE; PHYSICAL DAMAGE; ENVIRONMENTAL CONDITIONS; VANDALISM; FIRE; POWER FAILURE, IMPROPER POWER SUPPLY OR LOAD, ELECTRICAL CURRENT FLUCTUATIONS OR EXCESSIVE SWITCHING; INDUCED VIBRATION; ANIMAL OR INSECT ACTIVITY; NATURAL CATASTROPHE; FAULT OR NEGLIGENCE OF CUSTOMER OR ANY THIRD PARTY NOT ENGAGED BY ROAM; IMPROPER OR UNAUTHORIZED USE, INSTALLATION, HANDLING, STORAGE, ALTERATION, MAINTENANCE OR SERVICE, FAILURE TO COMPLY WITH ANY APPLICABLE CODES AND/OR RECOMMENDATIONS OR INSTRUCTIONS OF ROAM, OR CUSTOMER’S FAILURE TO PROVIDE NECESSARY INFORMATION; FAILURES RESULTING FROM USE WITH CUSTOMER OR THIRD PARTY SUPPLIED PRODUCTS, PROCESSES, MATERIALS, SOFTWARE, SERVICES, TELECOMMUNICATIONS EQUIPMENT, NETWORKS OR THE ACCURACY INTERNET; OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATIONOTHER OCCURRENCES BEYOND ROAM’S REASONABLE CONTROL. LISTEN MAKES NO WARRANTY REGARDING CREATED BY ADVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROAM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WAY INCREASE THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSCOPE OF ROAM'S OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Roam Customer Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. UK CONSUMERS ONLY: IF YOU ARE A CONSUMER IN THE UNITED KINGDOM, YOU MAY HAVE CERTAIN STATUTORY RIGHTS IN RESPECT OF LOSSES CAUSED BY SYMANTEC’S NEGLIGENCE, OR SERVICES PURCHASED SYMANTEC’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. THESE TERMS AND CONDITIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS, CONTACT YOUR LOCAL TRADING STANDARDS’ DEPARTMENT OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONCITIZENS ADVICE BUREAU.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE APPLICATION CONTENT PROVIDED ON THE SITE IS PROVIDED "FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS" AND "IS”AND “AS AVAILABLE" WITHOUT AVAILABLE”BASIS. NONE OF FHF, ANY REPRESENTATION OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR WARRANTY AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY KINDOF THE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF FHF PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, AS TO REGARDING THE APPLICATION SITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. USE NON-INFRINGEMENT OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONTHIRD-PARTY RIGHTS.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. THE APPLICATION YOU AGREE THAT YOUR USE OF SESAME HOME OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENTNON-INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES WE MAKE NO WARRANTY THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT INFORMATION OBTAINED THROUGH THE APPLICATIONSERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LISTEN MAKES YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. THE APPLICATION SITE AND THE SERVICES AND CONTENT, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND ITS DISTRIBUTION NON-INFRINGEMENT AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, AND NONINFRINGEMENTINFORMATIONAL CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCESS TO, USE OF OR OPERATION OF THE SITE OR THE SERVICES OR THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE APPLICATION IS AT YOUR OWN RISKCONTENT ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. LISTEN MAKES THE CONTENT MAY BE OUT OF DATE, AND WE MAKE NO WARRANTY COMMITMENT TO UPDATE THE CONTENT ON THE SITE. WE DO NOT AND CANNOT GUARANTEE OR WARRANT THAT THE APPLICATION FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND THE SERVICES, IF ANY, WILL MEET YOUR REQUIREMENTSBE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT THAT THE APPLICATION SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, TIMELY, SECURE, THE SERVICES OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY CONTENT WILL BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONCORRECTED.

Appears in 1 contract

Samples: dqci.myeol.com

DISCLAIMER OF WARRANTY. THE APPLICATION IS XXXXXXXXX.XXXX WEBSITES AND SERVICES ARE PROVIDED "TO YOU ON AN “AS IS" AND ", AS AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KINDKIND REGARDING THE XXXXXXXXX.XXXX WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE XXXXXXXXX.XXXX WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION XXXXXXXXX.XXXX WEBSITES AND SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECUREOTHER HARMFUL COMPONENTS, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Scope of Agreement

DISCLAIMER OF WARRANTY. The Content provided on the Site is provided as a service to members of the public. Information presented on the Site is provided for informational purposes only. No information presented on the Site constitutes legal, financial or medical advice, nor does it create an attorney-client, doctor-patient, fiduciary, or counseling relationship between DSAA and any other party. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DSAA, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE "DSAA PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR USEFULNESS OF THE SITE AND CONTENT. WITHOUT LIMITING THE FOREGOING,NONE OF DSAA PARTIES REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OUR SITE, SERVER OR ANY KINDFILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS OR THAT THE SITE OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR USE OF THE SITE AND THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF DSAA PARTIES MAKES ANY, EXPRESS AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, AS TO STATUTORY OR OTHERWISE, REGARDING THE APPLICATION SITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENTNON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USE WITHOUT LIMITING THE GENERALITY OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSFOREGOING, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ALL OF DSAA PARTIES DISCLAIM ANY WARRANTY AS WARRANTIES WITH RESPECT TO THE ANY RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS XXX.XX-XXXX.XXX WEBSITES AND SERVICES ARE PROVIDED "TO YOU ON AN “AS IS" AND ", AS AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KINDKIND REGARDING THE WWW.DR- XXXX.XXX WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE XXX.XX-XXXX.XXX WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION XXX.XX-XXXX.XXX WEBSITES AND SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECUREOTHER HARMFUL COMPONENTS, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Scope of Agreement

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DISCLAIMER OF WARRANTY. THE APPLICATION SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM COMPANY FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR for A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND NONINFRINGEMENTLACK OF NEGLIGENCE. USE ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE APPLICATION IS AT YOUR OWN RISKUSE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, COMMUNICATION BY COMPANY OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS ITS SUPPLIER(S)IN RELATION TO THE RESULTS THAT MAY SOFTWARE, EVEN IF PRESENTED IN A FORM OF PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR POST THE DATE OF THIS XXXX, SHALL BE OBTAINED FROM THE APPLICATION INTERPRETED AS AN ANNULMENT, IMPAIRMENT OR AS MODIFICATION TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONTHIS DISCLAIMER.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION IS MOBILE SERVICES AND THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTION, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIAL AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT .” MCA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL MEET ANY REPRESENTATION PARTICULAR CRITERIA OF PERFORMANCE OR WARRANTY QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MCA AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, EXPRESS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSCOMPATIBILITY, SECURITY, ACCURACY, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONNON-INFRINGEMENT.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. CUSTOMER AGREES THAT THE APPLICATION IS SERVICES PROVIDED "BY WIN ARE ON AN “AS IS" AND "AS AVAILABLE" ” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND. WIN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF SERVICE FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE TITLE OR NON- INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE APPLICATION SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WIN DOES NOT WARRANT THAT SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDDEGRADATION OF QUALITY, TIMELYOR ERROR FREE, SECURE, OR ERROR FREE; FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT WIN EQUIPMENT WILL OPERATE AS INTENDED. CUSTOMER AGREES THAT ALL USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK AND NEITHER WIN NOR DOES LISTEN MAKE ITS EMPLOYEES OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF SERVICE OR EQUIPMENT THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. STATEMENTS AND DESCRIPTIONS CONCERNING SERVICE OR EQUIPMENT, IF ANY, BY WIN'S EMPLOYEES, AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AND MAY NOT BE RELIED UPON AS A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONKIND.

Appears in 1 contract

Samples: www.westianet.com

DISCLAIMER OF WARRANTY. You agree that your use of the Application and Services shall be at your sole risk. To the fullest extent permitted by law, Company, including its officers, directors, shareholders, partners, employees, service providers, affiliates and/or any other person or entity acting on behalf of the Company, disclaim all warranties. THE APPLICATION IS AND THE DOCUMENTATION ARE LICENSED AND PROVIDED "ON AN “AS IS" AND "AS AVAILABLE" ” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS AND the COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESNTATIONS, WHETHER EXPRESSED OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND OF ANY THIRD PARTY SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY DOES NOT GURANTEE THAT THE SERVICES WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT COMPANY WILL CORRECT ANY OR ALL ERRORS. NO LICENSOR, DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER OF WARRANTY. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE OR SERVICES, AND NONINFRINGEMENTIS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT. USE OF THE APPLICATION IS AT YOUR OWN RISKAny material downloaded or obtained through the use of the Services, including any marketing campaigns and landing pages is done at Your own discretion and risk. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSyou agree that You are solely responsible for any damage to your computer system or other device, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONand/or for any loss of data that may result from the download of any such material.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. The Software is distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither the author nor anyone else involved in creating, producing, or delivering the software shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty or any damages whatsoever resulting from loss of use, data or profits, whether in an action based upon contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the software. LIMITATION OF LIABILITY CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT KEY METRIC SOFTWARE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY CUSTOMER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION FOREGOING LIMITATIONS ON KEY METRIC SOFTWARE'S LIABILITY SHALL APPLY WHETHER OR WARRANTY NOT KEY METRIC SOFTWARE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY KINDSUCH LOSSES ARISING. NOTWITHSTANDING THE FOREGOING, EXPRESS NOTHING HEREIN SHALL EXCLUDE OR IMPLIED, AS TO THE APPLICATION LIMIT KEY METRIC SOFTWARE'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED LIMITED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES . THE TOTAL LIABILITY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE KEY METRIC SOFTWARE ARISING OUT OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION OR RELATED TO THIS AGREEMENT WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONNOT EXCEED USD $50.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT THE APPLICATION IS POOL SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION THAT POOL MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE APPLICATION USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES EFFECTIVENESS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, SUCH POOL SERVICES OR THAT THE APPLICATION ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREERROR FREE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY NEEDS OF ANY CONTENT OBTAINED THROUGH PARTY. WITHOUT LIMITING THE APPLICATIONFOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. LISTEN MAKES IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. POOL'S SOLE LIABILITY, AND REGISTRAR'S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH SEVERITY OF THE APPLICATIONERROR.

Appears in 1 contract

Samples: Domain Registration Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND ", AS AVAILABLE" WITHOUT ANY REPRESENTATION BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KINDKIND REGARDING THE SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECUREOTHER HARMFUL COMPONENTS, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY REPRESENTATION OR WARRANTY KIND, AND (2) WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ITS OPERATIONNON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WE MAKE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THAT: (I) THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ; (II) THE APPLICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO (III) THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICES WILL BE ACCURATE OR AS RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE ACCURACY OR RELIABILITY PAYMENT OF ANY CONTENT OBTAINED THROUGH REFUNDS, THE APPLICATIONTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. LISTEN MAKES IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ABOUT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONTHIRD-PARTY PRODUCTS.

Appears in 1 contract

Samples: Surfeasy License and Services Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION ” and without warranty of any kind and Azuradisc EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR WARRANTY OF ANY KINDCONDITIONS, EXPRESS OR IMPLIED, AS TO INCLUDING, BUT NOT LIMITED TO, THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY AZURADISC DOES NOT WARRANT THAT THE APPLICATION FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECUREUNINTERRUPTED OR ERROR-FREE, OR ERROR FREE; NOR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, AZURADISC DOES LISTEN NOT WARRANT OR MAKE ANY WARRANTY AS TO REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AZURADISC OR AN AZURADISC REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AZURADISC OR AN AUTHORIZED AZURADISC REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY BE OBTAINED FROM THE APPLICATION OR AS NOT APPLY TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Software License Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY REPRESENTATION OR WARRANTY KIND, AND (2) SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN SYMANTEC ADDITIONALLY MAKES NO WARRANTY THAT WARRANTIES THAT: (I) THE APPLICATION SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ; (II) THE APPLICATION SOFTWARE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO (III) THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SOFTWARE SERVICES WILL BE ACCURATE OR AS TO RELIABLE; (IV) THE ACCURACY OR RELIABILITY QUALITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS SERVICES, SUBSCRIPTIONS, PRODUCTS, OR SERVICES INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION OR SOFTWARE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY TRANSACTIONS ENTERED INTO ERRORS IN THE SOFTWARE SERVICES WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE APPLICATIONSOFTWARE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, SYMANTEC DOES NOT WARRANT ANY THIRD-PARTY PRODUCTS.

Appears in 1 contract

Samples: Symantec Customer Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED "AS IS, WHERE IS" WITH ALL FAULTS AND "AS AVAILABLE" WITHOUT DEFECTS. NW HEREBY DISCLAIMS, AND PINNACLE HEREBY WAIVES, RELEASES AND RENOUNCES, ANY REPRESENTATION OR WARRANTY AND ALL OBLIGATIONS AND LIABILITIES OF ANY KINDNW AND RIGHTS, CLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EXPRESS OR IMPLIED, AS ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE APPLICATION ANY FAULT OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESDEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW'S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT APPLY TO A TORT CLAIM ARISING FROM NW'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND NONINFRINGEMENT. USE (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSUSE, REVENUE OR PROFIT, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDFOR ANY OTHER DIRECT, TIMELY, SECURE, INCIDENTAL OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONCONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Assistance Services Agreement (Pinnacle Airlines Corp)

DISCLAIMER OF WARRANTY. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE APPLICATION SOFTWARE OR THIS XXXX. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS PROVIDED MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION BASIS AND TANGENT DOES NOT GUARANTEE, WARRANT OR WARRANTY REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL SOFTWARE SHALL BE UNINTERRUPTED, TIMELYCOMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO DISTRIBUTING THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSOFTWARE.

Appears in 1 contract

Samples: User Licensing Agreement

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR- FREE, SECURE, OR A COMPLETE REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED "ON AN “AS IS" AND "AS AVAILABLE" WITHOUT ” BASIS. NEITHER THE BANK NOR ANY REPRESENTATION OR WARRANTY OF THIRD PARTY SERVICE PROVIDER MAKES ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTY AS TO THE APPLICATION MERCHANTABILITY OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OR NONINFRINGEMENT. USE , QUALITY, ACCURACY, OR SUITABILITY OF THE APPLICATION IS AT YOUR OWN RISKSERVICE, AND NEITHER THE BANK NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY OTHER WARRANTY WITH RESPECT TO THE SERVICE EXCEPT THOSE WARRANTIES, PROMISES, COMMITMENTS, GUARANTEES, OR REPRESENTATIONS SPECIFICALLY STATED IN THIS AGREEMENT. LISTEN MAKES NO WARRANTY WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY . YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS TO THE RESULTS INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT MAY BE 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 APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSERVICE.

Appears in 1 contract

Samples: Deposit Service Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION WEBSITE AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE WEBSITE IS PROVIDED "AS IS" AT YOUR SOLE RISK AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE ENTIRE RISK AS TO THE APPLICATION OR ITS OPERATIONSATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN THE WEBSITE AND ITS DISTRIBUTION ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND SYNDICATION PARTNERS DISCLAIM "AS AVAILABLE", WITH ALL WARRANTIESFAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATIONAND DIABESITYMD, PLLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NONINFRINGEMENTNON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USE DIABESITYMD, PLLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR APPLICATION SERVICES WILL BE UNINTERRUPTEDCORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIABESITYMD, TIMELYPLLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR APPLICATION SERVICES PROVE DEFECTIVE, SECUREYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONYOU.

Appears in 1 contract

Samples: Terms and Conditions of Use

DISCLAIMER OF WARRANTY. TO THE APPLICATION IS MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND NONINFRINGEMENTDISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE APPLICATION SERVICES BY YOU, FORCE MAJEURE EVENTS SUCH AS IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE XXXXXXXX.XX THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN SYMANTEC AND ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONEXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Norton Online Backup Terms of Service Agreement

DISCLAIMER OF WARRANTY. XXX.XXXXXXXXXXX.XX DOES NOT WARRANT OR GUARANTEE THE APPLICATION ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM XXX.XXXXXXXXXXX.XX DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE APPLICATION LAWS APPLICABLE TO THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION AND YOU WILL BE UNINTERRUPTED, TIMELY, SECURE, SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE LOSS OF DATA THAT RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY DOWNLOAD OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSUCH MATERIAL.

Appears in 1 contract

Samples: Scope of Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATIONNo Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LENDINGFAX PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL WARRANTIESINFORMATION CONTAINED THEREIN), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTPURPOSE OR NON-INFRINGEMENT. LENDINGFAX DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APPLICATION SERVICES WILL BE UNINTERRUPTEDCORRECTED. LENDINGFAX DISCLAIMS LIABILITY FOR, TIMELYAND NO WARRANTY IS MADE WITH RESPECT TO, SECURETHE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third- Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Lendingfax, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LENDINGFAX DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION (ii) ADOPT, ENDORSE OR AS TO ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LENDINGFAX. UNDER NO CIRCUMSTANCES WILL LENDINGFAX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT OBTAINED THROUGH POSTED ON THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONUSERS.

Appears in 1 contract

Samples: lendingfax.com

DISCLAIMER OF WARRANTY. THE APPLICATION IS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" -IS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED W ARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAI MED. THERE IS NO GUARANTY THAT THE SERVICES INTERRUPTION. IEX GIVES NO WARRANTIES OF ANY KIND AS TO THE APPLICATION FITNESS, CAPACITY, OR ITS OPERATION. CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE MAXIMUM EXTENT PERMITTED SERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY APPLICABLE LAWANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, FAILURE TO CONCLUDE TRANSACTIONS OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OBSERVE APPLICABLE MARKET REGULATIONS OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS CONVENTIONS OR TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION PAY REQUISITE TAXES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR OTHER CHARGES ON ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONOR TO OTHERWISE ACT LAWFULLY.

Appears in 1 contract

Samples: Connectivity Services Agreement and Forms

DISCLAIMER OF WARRANTY. END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE APPLICATION IS PROVIDED "AS TO END USER BY THE SYSTEM SUPPLIER AND THAT FEDEX IS NEITHER PROVIDING THE SERVICES NOR CHARGING END USER A FEE FOR ACCESS TO OR USE OF THE APPLICATION OR FOR PROVIDING THE LIMITED SUPPORT SERVICES, IF ANY. THE APPLICATION AND LIMITED SUPPORT SERVICES ARE PROVIDED “AS-IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN FEDEX AND ITS DISTRIBUTION REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW), DISCLAIM AND SYNDICATION PARTNERS DISCLAIM EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTTHE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY FEDEX DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ANY OR ALL OF END USER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECT WITHIN THE APPLICATION WILL BE UNINTERRUPTEDCORRECTED. FEDEX DOES NOT REPRESENT OR WARRANT THAT THE LIMITED SUPPORT SERVICES WILL MEET ANY OR ALL OF END USER’S REQUIREMENTS OR THAT IT WILL CORRECT ANY DEFECT WITHIN THE APPLICATION. FEDEX DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, TIMELYLIMITED SUPPORT SERVICES OR ANY OTHER RELATED SERVICES OR CONTENT IS FREE FROM BUGS, SECUREVIRUSES, ERRORS OR ERROR FREE; NOR OTHER PROGRAM LIMITATIONS. FEDEX DOES LISTEN MAKE ANY WARRANTY AS NOT REPRESENT OR WARRANT ACCESS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION INTERNET OR AS TO THE ACCURACY ANY OTHER SERVICE OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY FURTHERMORE, FEDEX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY GOODS THE RESULTS OF END USER’S INSTALLATION OR SERVICES PURCHASED OR OBTAINED THROUGH USE OF THE APPLICATION OR THE LIMITED SUPPORT SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX, THE SYSTEM SUPPLIER OR AN AUTHORIZED REPRESENTATIVE OF EITHER SHALL CREATE ANY TRANSACTIONS ENTERED INTO THROUGH WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE SERVICES. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO END USER. THIS WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM STATE TO STATE. Section 7. Remedies. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE APPLICATION OR LIMITED SUPPORT SERVICES IS TO STOP USING THE APPLICATION. End User agrees to look to the System Supplier for all issues relating to Your access, use or inability to access or use the Application and/or Services. End User acknowledges and agrees that it is End User’s sole responsibility to arrange with the System Supplier for any and all warranties, maintenance/support requirements, and remedies, if any, arising out of End User’s access to and use of the Application and/or Services. End User agrees that the remedy set forth in this Section is End User’s exclusive remedy under this Agreement for any dissatisfaction with its access to or use of (or inability to do either) the Application, the Services or Limited Support Services.

Appears in 1 contract

Samples: sc-s.sylogix.net

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" GOOGLE AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, AS TO THE APPLICATION STATUTORY OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE AND NON-INFRINGEMENT. THE PRODUCT AND SERVICES ARE PROVIDED BY GOOGLE AND ITS LICENSORS "AS IS". GOOGLE AND ITS LICENSORS DO NOT WARRANT THAT THE PRODUCT OR ANY PORTION THEREOF, AND NONINFRINGEMENT. ARE ERROR OR BUG FREE, OR THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, PRODUCT OR THAT THE APPLICATION SERVICES WILL BE UNINTERRUPTED. GOOGLE AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR THE PROPER INSTALLATION AND USE OF THE PRODUCT. GOOGLE AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TIMELYSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SECURETO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF SHIPMENT OF THE APPLICABLE PRODUCT. THE PRODUCT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY INTENDED FOR USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION DEATH, PERSONAL INJURY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONENVIRONMENTAL DAMAGE ("High Risk Activities").

Appears in 1 contract

Samples: Reseller Agreement Minimum Terms

DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING THE APPLICATION NEURON SERVICES OR ANY MATERIALS PROVIDED BY RONAN (WHETHER INCLUDED WITH NEURON, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KINDKIND FROM RONAN, EITHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY POSSIBLE PURSUANT TO APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM RONAN DISCLAIMS ALL WARRANTIESWARRANTIES EXPRESS, INCLUDING WITHOUT LIMITATIONIMPLIED, ANY OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTRELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. USE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE APPLICATION IS AT YOUR OWN RISKABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. LISTEN MAKES NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RONAN OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY RONAN OF WARRANTY THAT REGARDING THE APPLICATION WILL MEET YOUR REQUIREMENTSNEURON SERVICES, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE TO CREATE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONSORT FROM RONAN.

Appears in 1 contract

Samples: ann.asaps.cloud

DISCLAIMER OF WARRANTY. THE APPLICATION IS EQUIPMENT AND THE SERVICE(S) ARE PROVIDED "AS IS" ,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, CARRIER OF WIRELESS SERVICE, OR BUSINESS PARTNERS (collectively “Business Partners”) WARRANT THAT THE EQUIPMENT OR THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT ANY COMMUNICATIONS (INCLUDING ANY COMMUNICATIONS WITH YOUR HEALTHCARE PROVIDER OR SOCIAL SERVICE AGENCIES) WILL BE TRANSMITTED IN UNCORRUPTED FORM, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITYPERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, EXCLUDED UNLESS OTHERWISE PROHIBITED OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONRESTRICTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: assets-global.website-files.com

DISCLAIMER OF WARRANTY. Customer acknowledges and agrees that NET2EZ exercises no control over, and accepts no responsibility for, the content of the information passing through NET2EZ’s host computers, network hubs and points of presence (the “NET2EZ Network”) or the Internet. EXCEPT FOR THE APPLICATION IS SERVICE LEVEL OBLIGATIONS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT UNDER EXHIBIT A OF THIS AGREEMENT, NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESBUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT NET2EZ PROVIDES. USE EXCEPT FOR THE SERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT (i) NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY LIKE, WARRANT THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL NOT BE UNINTERRUPTED, TIMELY, SECURE, INTERRUPTED OR ERROR FREE; NOR DOES LISTEN DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION ACCURACY, RELIABILITY OR AS TO THE ACCURACY OR RELIABILITY CONTENT OF ANY CONTENT OBTAINED INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING SERVICES; AND (ii) NET2EZ IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY GOODS DATA TRANSFERRED EITHER TO OR SERVICES PURCHASED FROM CUSTOMER OR OBTAINED THROUGH THE APPLICATION STORED BY CUSTOMER OR ANY TRANSACTIONS ENTERED INTO THROUGH OF CUSTOMER’S CLIENTELE VIA THE APPLICATIONSERVICE(S) PROVIDED BY NET2EZ.

Appears in 1 contract

Samples: Service Agreement (Cvent Inc)

DISCLAIMER OF WARRANTY. TO THE APPLICATION EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY REPRESENTATION OR WARRANTY KIND, AND (2) SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN SYMANTEC ADDITIONALLY MAKES NO WARRANTY THAT WARRANTIES THAT: (I) THE APPLICATION SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT ; (II) THE APPLICATION SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO (III) THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SOFTWARE WILL BE ACCURATE OR AS TO RELIABLE; (IV) THE ACCURACY OR RELIABILITY QUALITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS SERVICES, SUBSCRIPTIONS, PRODUCTS, OR SERVICES INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (V) ANY TRANSACTIONS ENTERED INTO ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE APPLICATIONSOFTWARE; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, SYMANTEC DOES NOT WARRANT ANY THIRD-PARTY PRODUCTS.

Appears in 1 contract

Samples: Symantec Customer Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION CONTENT PROVIDED ON THE SITE IS PROVIDED "FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS" AND "AS AVAILABLE" WITHOUT ” BASIS. NONE OF FHF, ANY REPRESENTATION OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR WARRANTY AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY KINDOF THE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF FHF PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, AS TO REGARDING THE APPLICATION SITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. USE NON-INFRINGEMENT OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONTHIRD-PARTY RIGHTS.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR EXPRESS, IMPLIED, AS STATUTORY, OR OTHERWISE, WITH REGARD TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIESTHIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY COMPANY DOES NOT WARRANT THAT THE APPLICATION SERVICES OR ANY OTHER INFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTSPARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE APPLICATION OPERATION THEREOF WILL BE UNINTERRUPTED, TIMELYSECURE, SECUREVIRUS FREE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS , OR THAT MAY ALL ERRORS WILL BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONXXXXXXXXX.Xx addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.

Appears in 1 contract

Samples: Goco Service Agreement

DISCLAIMER OF WARRANTY. You expressly agree that use of this website is at Your sole risk. Neither MB Printer, their affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Content. The materials and Content may contain errors, omissions, inaccuracies, or outdated information. Further, MB Printer do not warrant reliability of any statement or other information displayed or distributed through the site. MB Printer reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the site. MB Printer may make any other changes to this site, the materials, Contents and the products, programs, Services, or prices (if any) described in this site at any time without notice. THIS SITE AND THE APPLICATION IS INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED "ON AN “AS IS" ,” “WHERE IS,” AND "AS “WHERE AVAILABLE" WITHOUT ANY REPRESENTATION ” BASIS. MB Printer MAKE NO REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR ITS OPERATIONTHE MATERIALS ON THIS SITE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS MB Printer EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTNON- INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT, AND IF, SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. Limitation of Liabilities YOU AGREE THAT MB Printer AND THEIR PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSMATERIALS, CONTENT, OR THAT THE APPLICATION WILL BE UNINTERRUPTEDINFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, TIMELY, SECURECONTRACT, OR ERROR FREE; NOR DOES LISTEN MAKE OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MB Printer OR ANY WARRANTY AS OF THEIR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION MATERIALS, CONTENT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION INFORMATION ON THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MB Printer OR ANY OF THEIR PROVIDERS HAVE BEEN ADVISED OF THE APPLICATIONPOSSIBILITY OF SUCH DAMAGES OR NOT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification You agree to indemnify, defend, and hold harmless MB Printer, their affiliates, agents, employees, and licensors from and against any and all claims and expenses, including actual attorney fees, arising out of or related in any way to Your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. You agree to reimburse us for all actual costs, disbursements, fees and attorney fees we incur in responding to any lawful request to produce documents or testimony related to You. We reserve the right, but not the obligations, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and You agree to provide all reasonable cooperation therewith. You will not settle any claims You are indemnifying us on without our consent. Privacy Policy Click here to access MB Printer’ Privacy Policy governing the use of information that MB Printer obtain from You through Your use of this website.

Appears in 1 contract

Samples: Terms of Use Agreement

DISCLAIMER OF WARRANTY. You may have a warranty that covers your Device. Any such warranty applies only to the Device, and not the System, and was not provided by Fullpower. Fullpower has no obligation under any such warranty. THE APPLICATION IS SYSTEM AND SERVICES ARE PROVIDED "AS IS" AND "“WITH ALL FAULTS” AND THE ENTIRE RISK AS AVAILABLE" WITHOUT TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE SYSTEM AND SERVICES IS WITH YOU. SHOULD THE SYSTEM OR SERVICES PROVE DEFECTIVE, NONE OF FULLPOWER, ITS AFFILIATES, ITS LICENSORS OR SUPPLIERS, OR ANY REPRESENTATION OR WARRANTY PROVIDER OF ANY KINDAPP STORE THROUGH WHICH THE APP WAS OFFERED TO YOU, OR ANY OF FULLPOWER’S OR ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “FULLPOWER PARTIES”), HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR DEVICE OR ANY PART OF THE SYSTEM. THE FULLPOWER PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SYSTEM AND SERVICES, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NONINFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY FULLPOWER PARTIES DO NOT WARRANT THAT THE APPLICATION SYSTEM OR SERVICES WILL MEET YOUR REQUIREMENTSREQUIREMENTS IN ANY RESPECT, OR THAT THE APPLICATION OPERATION OF THE SYSTEM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREUNINTERRUPTED OR ERROR-FREE, OR ERROR FREE; NOR DOES LISTEN MAKE THAT THE SYSTEM OR SERVICES WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR DEVICES, OR THAT THE SYSTEM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, OR VIRUSES, OR THAT ERRORS IN THE SYSTEM OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO FULLPOWER TO GRANT THE LICENSE CONTAINED IN THIS XXXX AND TO PROVIDE YOU WITH ACCESS TO THE SYSTEM AND SERVICES. NO ORAL OR WRITTEN PROMISE, ADVISE, OR INFORMATION PROVIDED TO YOU BY ANY SELLER OR DISTRIBUTOR OF DEVICES, ANY FULLPOWER LICENSEE, OR ANY REPRESENTATIVE OF FULLPOWER WILL CREATE ANY WARRANTY OBLIGATION OF FULLPOWER. THE FULLPOWER PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES. Not for Medical or Critical Use; Use of the System is at the User's Own Risk. THE SYSTEM AND SERVICES ARE FOR ENTERTAINMENT AND/OR FITNESS PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, CURE, OR TREAT ANY DISEASE OR OTHER MEDICAL CONDITION. CONSULT WITH YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM AND TAKE CARE WHEN EXERCISING. YOU AGREE THAT YOU, AND NOT ANY OF THE FULLPOWER PARTIES, ARE RESPONSIBLE FOR ALL RISKS OF ANY EXERCISE OR OTHER ACTIVITY THAT YOU UNDERTAKE AND FOR ANY PARTICULAR ACTIVITY OR SLEEP OUTCOME (OR FAILURE TO ACHIEVE ANY SUCH OUTCOME). THE SYSTEM AND SERVICES MAY NOT BE USED FOR SAFETY OR LIFE APPLICATIONS, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE AN ALARM, FOR EMERGENCY COMMUNICATIONS, OR FOR ANY OTHER APPLICATION OR AS TO IN WHICH THE ACCURACY OR RELIABILITY OF OF, OR ANY CONTENT OBTAINED THROUGH FAILURE OF, THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS SYSTEM OR SERVICES PURCHASED COULD CREATE A SITUATION WHERE PERSONAL INJURY, DEATH, OR OBTAINED THROUGH SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE MAY OCCUR. BY USING THE APPLICATION SYSTEM YOU ASSUME ALL RESPONSIBILITY AND RISK. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY FULLPOWER PARTY OR ANY TRANSACTIONS ENTERED INTO THROUGH FULLPOWER LICENSEE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OR CORRUPTION OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS XXXX, YOUR USE OF OR INABILITY TO USE THE APPLICATIONSYSTEM OR SERVICES, YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SYSTEM OR SERVICES, OR ANY ACTIVITIES WITH WHICH YOU USE THE SYSTEM OR SERVICES, EVEN IF SUCH FULLPOWER PARTY OR LICENSEE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY FULLPOWER PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. YOUR USE OF THE APPLICATION SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY BASIS. LIQUID P2P EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS INCLUDING, BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENTNON- INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN LIQUID P2P MAKES NO WARRANTY THAT (i) THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS, OR THAT (ii) THE APPLICATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICE WILL BE ACCURATE OR AS TO RELIABLE, (iv) THE ACCURACY OR RELIABILITY QUALITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS PRODUCTS, SERVICES, INFORMATION, OR SERVICES OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION SERVICE WILL MEET YOUR EXPECTATIONS, (v) UNEXPECTED EVENTS/ACTIONS WILL NOT OCCUR INCLUDING AUTOMATIC INVESTMENT ERRORS AND/OR AUTOMATIC LISTING/SELLING ERRORS (OR VALUATIONS OF ACCOUNT SECURITIES, NOTES, OR INSTRUMENTS), AND (vi) ANY TRANSACTIONS ENTERED INTO ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIQUID P2P OR THROUGH OR FROM THE APPLICATIONSERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. LIQUID P2P IS NOT RESPONSIBLE FOR UNEXPECTED RESULTS OR ERRORS WITH A USER'S LINKED ACCOUNT(S) RESULTING FROM USE OF THE SERVICE. USE THIS SERVICE AT YOUR OWN RISK.

Appears in 1 contract

Samples: Acceptance of Terms

DISCLAIMER OF WARRANTY. XXXXXX UNDERSTANDS AND AGREES THAT THE APPLICATION IS PLATFORM, THE ACCESS METHOD, DATA, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, AND ALL SERVICES OR MATERIALS OF ANY KIND PROVIDED "BY APOLLO ARE PROVIDED “AS IS" AND "AS AVAILABLE" ”. THE APOLLO PARTIES SPECIFICALLY DISCLAIM, WITHOUT ANY REPRESENTATION OR WARRANTY LIMITATION, ALL WARRANTIES OF ANY KINDKIND TO XXXXXX, WHETHER EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINFRINGEMENTTITLE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. XXXXXX DOES NOT WARRANT THAT THE DATA WILL BE ACCURATE OR COMPLETE OR THAT THE DATA OR THE PLATFORM, ACCESS METHOD, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, WILL BE ACCESSIBLE OR ERROR FREE. APOLLO PROVIDES NO WARRANTIES REGARDING OR RELATING TO ANY TRANSACTIONS, INCLUDING WITHOUT LIMITATION ANY TRADES, THAT ARE PERFORMED THROUGH OR IN CONJUNCTION WITH THE PLATFORM OR USING THE DATA. XXXXXX’X USE OF THE APPLICATION DATA IS AT YOUR ITS OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISTEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.

Appears in 1 contract

Samples: Datalive Software License (Aspirity Holdings LLC)

DISCLAIMER OF WARRANTY. User agrees to use all Services and any information obtained through or from IndiaMarketHub, at User's own risk. User acknowledges and agrees that India Market Softech (P) Ltd. (xxxxxxxxxxxxxx.xxx) exercises no control over, and accepts no responsibility for, the content of the information passing through India Market Softech (P) Ltd. (xxxxxxxxxxxxxx.xxx) host computers, network hubs and points of presence or the Internet. THE APPLICATION IS SERVICES PROVIDED "UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS" AND , AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "AS AVAILABLE" WITHOUT RELATED PERSON") MAKE ANY REPRESENTATION OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENTOR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. USE OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN NO RELATED PERSON MAKES NO WARRANTY ANY WARRANTIES THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL NOT BE UNINTERRUPTED, TIMELY, SECURE, INTERRUPTED OR ERROR FREE; NOR DOES LISTEN DO ANY OF THEM MAKE ANY WARRANTY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION USE OF THE SERVICES OR AS TO THE ACCURACY ACCURACY, RELIABILITY OR RELIABILITY CONTENT OF ANY CONTENT OBTAINED INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE APPLICATIONSERVICES. LISTEN MAKES NO WARRANTY REGARDING WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY GOODS LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR SERVICES PURCHASED FROM USER OR OBTAINED THROUGH THE APPLICATION STORED BY USER OR ANY TRANSACTIONS ENTERED INTO THROUGH OF USER'S USERS VIA THE APPLICATIONSERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.  Limited Warranty.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED Customer acknowledges and agrees that use of the Software is at Xxxxxxxx's sole risk. The Software is provided "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION and without warranty of any kind and Andor and Xxxxx’s Licensor EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR WARRANTY OF ANY KINDCONDITIONS, EXPRESS OR IMPLIED, AS TO INCLUDING, BUT NOT LIMITED TO, THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTEN AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ANDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, AND NONINFRINGEMENT. USE NOR THAT THE OPERATION OF THE APPLICATION IS AT YOUR OWN RISK. LISTEN MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE OR ERROR FREE; , NOR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ANDOR DOES LISTEN NOT WARRANT OR MAKE ANY WARRANTY AS TO REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX XX XXXXX’S AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY BE OBTAINED FROM NOT APPLY TO CUSTOMER. THE APPLICATION TERMS OF THIS DISCLAIMER DO NOT AFFECT OR AS TO PREDJUDICE THE ACCURACY OR RELIABILITY STATUTORY RIGHTS OF ANY CONTENT OBTAINED THROUGH CONSUMER ACQUIRING ANDOR PRODUCTS OTHERWISE THAN IN THE APPLICATION. LISTEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONORDINARY COURSE OF BUSINESS.

Appears in 1 contract

Samples: Licence Agreement

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