Disclaimers and Warranties. 04.01 By operation of the holding of the matter of Xxxxxxxx v. Workers’ Compensation Appeals Board (1987)
Disclaimers and Warranties. 8.1 Whilst the Licensee acknowledges and agrees that nothing in this Agreement implies that any trade mark applications listed in Annexes 1, 2 or 3 shall proceed to grant or that any registrations listed in those Annexes shall be valid, the Licensor represents and warrants that the said trade marks are registered in the countries listed.
Disclaimers and Warranties. We do our best to keep the Platform running and functioning correctly, but we do not promise that this will always be true. This means that we make no guarantee that: • The Platform will be live and/or available at any given time • The information on the Platform will be correct, accurate or up to date • The Platform will provide any particular results • We will correct any defects • Any information transmitted to or from, or stored on the Platform will be secure from unauthorised access and/or free from any virus, malware, or any other harmful software • Content and information you store on the Platform will always be retrievable and uncorrupted We do not guarantee the correctness, precision or completeness of any of the information available on the Platform, and we may not be held liable for any inaccuracy or omission regarding any of the information on the Platform. We reserve the right to update, change or correct any information on the Platform at any time. We are not responsible for disputes between Users or between Users and third parties. We are not liable or responsible for any content, information or anything else uploaded or posted to the Platform by Users.
Disclaimers and Warranties. A. DISCLAIMERS BY YOUNG LIFE: YOUNG LIFE SHALL NOT BE LIABLE AND GROUP WAIVES, RELEASES, AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY INCLUDING DEATH OF GROUP’S AGENTS OR PARTICIPANTS, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO OR CAUSED BY ANY FIRE, FLOOD, EARTHQUAKE, OR ANY OTHER PERIL, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. NEITHER SHALL YOUNG LIFE BE LIABLE AND GROUP WAIVES, RELEASES AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY OF GROUP’S AGENTS OR PARTICIPANTS, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO ANY BREAKAGE, LEAK, OBSTRUCTION OR OTHER DEFECTS OF PIPES, SPRINKLERS, WIRES, APPLIANCES, PLUMBING, AIR-CONDITIONING, LIGHTING FIXTURES OR COMPUTER EQUIPMENT OR SOFTWARE OR ANY OTHER LATENT DEFECTS OR ASPECTS OF THE BUILDINGS, STRUCTURES, RECREATIONAL EQUIPMENT, AND UTILITIES ON THE CAMP PREMISES, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. NEITHER SHALL YOUNG LIFE BE LIABLE AND GROUP WAIVES, RELEASES AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY OF GROUP’S AGENTS OR PARTICIPANTS, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO THE ACTIONS OR INACTIONS OF THIRD PARTIES, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. NEITHER SHALL YOUNG LIFE BE RESPONSIBLE OR LIABLE AND GROUP WAIVES, RELEASES AND HOLDS HARMLESS YOUNG LIFE FOR ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY RESULTING FROM THE USE, MISUSE OR FAILURE OF ANY EQUIPMENT, DEVICE(S), VEHICLE(S), ANIMAL(S), ITEM(S) BROUGHT ON THE PREMISES OR USED BY ANY GUEST OR MEMBERS OF THE GROUP EVEN IF SUCH EQUIPMENT IS FURNISHED, RENTED OR LOANED TO A GUEST OR GROUP, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. ...
Disclaimers and Warranties. Participating Customer recognizes that not all Project production risk factors are within Utility’s or WPPI’s control. ALL WARRANTIES RELATING TO THE PROJECT, ITS EQUIPMENT, PERFORMANCE, AND OUTPUT OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, ARE HEREBY DISCLAIMED.
Disclaimers and Warranties. AURUM (i) will not be responsible for the reliability or continued availability of third party Internet software when integrated at Customer’s request in the Premierecorp Cash Management; (ii) may, upon receipt of written instructions from any network to which AURUM is providing access hereunder, including without limitation a network owned and/or operated by AURUM, immediately cease to provide to Customer, including Customer’s customers, access to such network. AURUM will endeavor to promptly notify Customer of such interruption in network access. Customer will indemnify, defend and hold harmless AURUM from any and all claims, actions, damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, arising out of or resulting from AURUM’s compliance with the written instructions of any network; (iii) while AURUM is primarily providing services to Customer under this Agreement, AURUM may from time to time provide certain hardware, software and other items as an incidental part of its services. With the exception of any manufacturers’ or licensors’ warranties which AURUM is able to obtain, such hardware, software and other items will be provided on an “AS IS” basis without warranty. In all cases, AURUM will use reasonable care in providing information technology services. AURUM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE, OF ANY INFORMATION TECHNOLOGY SERVICE, SOFTWARE, HARDWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT; (iv) is authorized to have access to the marketing, product and services information provided by Customer and to make use of such content as is appropriate for the performance by AURUM of its obligations under this Addendum, including the ability to change the electronic format of the marketing, product and services information, without changing the nature of the content itself, to suit the design of the electronic presence determined by AURUM and Customer. Such information will be and remain the property of Customer.
Disclaimers and Warranties. 3.1 While all reasonable care has been taken, Licensor does not warrant that the Software will meet the requirements of any particular user or that the Software will be error free. Licensee shall test the Software with non-critical data before utilizing the same. In the event of there being any significant, functional and reproducible error in the Software, upon Licensee's written request, Licensor shall make reasonable efforts to correct the same; provided that Licensor receives written notice promptly after such error comes to the attention of Licensee, and further provided that such error relates to the required functioning of the Software and has not been caused by actions or negligence on the part of Licensee or any third party, hardware or software design errors not attributable to the Licensor, malfunctions or other causes external to the Software. And as such Licensor shall be entitled to charge and Licensee shall pay such charges as are mutually agreed, if it is found by Licensor and agreed by the Licensee upon explanation by the Licensor that the error is not in the Software Product. Licensee cannot claim any rights specified in this clause unless the product is purchased, fees are paid, and this Agreement is signed.
Disclaimers and Warranties. 1. You acknowledge and agree that we are only an intermediary between the Users and that we cannot be a party to or control in any manner any transaction/litigation between the Users. We advise the Users to always conduct their background checks and believe in their rationality while engaging with each other. It may be also noted that we do not endorse or promote any Users to anyone making them believe to engage with each other.
Disclaimers and Warranties. YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XXXXXXXXXXXXXXXX.XXX AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO XXXXXXXXXXXXXXXX.XXX OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, XXXXXXXXXXXXXXXX.XXX MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. XXXXXXXXXXXXXXXX.XXX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
Disclaimers and Warranties. 17.1 We do not back up your data for data recovery purposes and whilst we will use our commercial endeavours to assist You in the event of data loss arising out of hardware failure, we do not guarantee we will be able to replace lost data. It is your sole responsibility to ensure your data is backed up for data recovery purposes.
