Common use of Disclaimers Clause in Contracts

Disclaimers. THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.

Appears in 2 contracts

Samples: Geopliant LLC License and Service Agreement, Geopliant LLC License and Service Agreement

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Disclaimers. THE LICENSED SOFTWARE IS PROVIDED "EXCEPT AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE LICENSED SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, MEDIA SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTOF THEM, INCLUDING ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE THEM WILL MEET THE CUSTOMER'S ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULTSRESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONSSYSTEM OR OTHER SERVICES, SYSTEMS OR SERVICES BE SECURE (EXCEPT INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS EXPRESSLY SET FORTH IN THE MATERIALSDENIAL OF SERVICE ATTACKS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY , OR FREE OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREHARMFUL CODE.

Appears in 2 contracts

Samples: Software Subscription Agreement, Software Subscription Agreement

Disclaimers. THE LICENSED SOFTWARE IS WEBSITE AND APPLICATION, AND ALL OF THEIR MATERIALS, FEATURES AND SERVICES ARE PROVIDED ON AN "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESBASIS, WHETHER WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) OF TITLE, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM VIRUSES, AND OF NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION THIRD-PARTY RIGHTS TO THE FOREGOINGFULLEST EXTENT PERMITTED BY LAW. ADESA, GEOPLIANT PROVIDES ITS CONTRACTORS, AGENTS AND AFFILIATES MAKE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF REPRESENTATIONS WHATSOEVER THAT ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE AUTOMATED SYSTEM WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE INTERRUPTION OR RELIABILITY STANDARDS OR THAT IT WILL BE ERROR FREE. ADESA, ITS CONTRACTORS, AGENTS AND AFFILIATES FURTHER MAKE NO REPRESENTATIONS WHATSOEVER AS TO: (A) ANY AUTOMATED SYSTEM WILL OPERATE WITHOUT LIMITING INTERRUPTION OR THAT IT WILL BE ERROR FREE. (A) THE GENERALITY WEBSITE OR APPLICATION; (B) THE MATERIALS ON OR PROVIDED THROUGH THE WEBSITE OR APPLICATION; (C) ANY DOWNLOADABLE ITEMS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEBSITE OR APPLICATION; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OF REFERENCED AT THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY WEBSITE OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSAPPLICATION; AND (IIG) WE DO SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM ADESA OR VIA THE WEBSITE OR APPLICATION.‌ ADESA DOES NOT REPRESENT OR WARRANT THAT ANY DEFECTS IN THE WEBSITE OR APPLICATION WILL BE CORRECTED; OR THAT THE WEBSITE OR APPLICATION OR THE SERVER THAT MAKES THE WEBSITE OR APPLICATION AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. ADESA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE OR APPLICATION IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. ADESA DOES NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE WEBSITE OR APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ADESA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. 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 IS APPLICABLE TO THIS AGREEMENT. BY ACCESSING, USING OR DOWNLOADING THE WEBSITE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR RELIANCE THEREON AND ACTIVITIES ARE LAWFUL IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE EVERY JURISDICTION WHERE YOU ACCESS OR INACCURATE DATA CONTAINED IN USE THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL WEBSITE OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.APPLICATION.‌‌

Appears in 2 contracts

Samples: img.stg.autc.com, img.stg.autc.com

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.2 AND TO THE LICENSED SOFTWARE IS EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED "UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS" AND GEOPLIANT “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISERELATED HERETO INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGNON- INFRINGEMENT, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGTITLE, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGSYSTEM INTEGRATION, AND MAKES NO REPRESENTATION ACCURACY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEINFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO MARIADB DOES NOT WARRANT RESULTS OR THAT THE SERVICE ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL PERFORM WITHOUT ERROR BE FREE FROM ERRORS, DEFECTS OR IMMATERIAL INTERRUPTIONBUGS. YOU AGREE CUSTOMER ACKNOWLEDGES THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO YOUR USE PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF THE ANY AND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREOTHER SYSTEMS OF CUSTOMER.

Appears in 2 contracts

Samples: Mariadb Enterprise Subscription Agreement, Mariadb Enterprise Subscription Agreement

Disclaimers. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED SOFTWARE IS MATERIALS, THIRD PARTY SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND GEOPLIANT THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 9, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMS DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIESWARRANTIES OR REPRESENTATIONS OF EVERY KIND OR NATURE, WHETHER EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, WITH RESPECT AS TO THE LICENSED SOFTWARE, MEDIA MATERIALS AND ANY OTHER ANCILLARY OR RELATED PRODUCTS OR SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTINCLUDING, INCLUDING ALL IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USAGE OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICETHIRD PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, TOMIA DOES NOT WARRANT THAT (I) THE LICENSED SOFTWARE MATERIALS WILL MEET THE CUSTOMER'S ’S REQUIREMENTS, ACHIEVE (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY INTENDED RESULTS, BE COMPATIBLE OPEN SOURCE SOFTWARE USED IN OR WORK WITH ANY OTHER THE SOFTWARE, APPLICATIONSWILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SYSTEMS SOFTWARE, SYSTEMS, OR SERVICES DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY SET FORTH BE SPECIFIED IN WRITING BY TOMIA IN THE MATERIALSDOCUMENTATION), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING (III) THE GENERALITY OPERATION OF THE FOREGOINGLICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IIV) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE ALL ERRORS WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARECORRECTED.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Disclaimers. THE LICENSED SOFTWARE IS PROGRAM, THE GIVEVIA SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE GIVEVIA SITE, ANY CONTENT, THE XXXXXXX.XXX DOMAIN NAME, TRADEMARKS AND LOGOS OF OURS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE." WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, OTHERWISE WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED SERVICE OFFERINGS. EXCEPT TO THE CUSTOMER UNDER THIS AGREEMENTEXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A OUT OF ANY COURSE OF DEALING, USAGE PERFORMANCE, OR TRADE PRACTICEUSAGE. WITHOUT LIMITATION TO WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE FOREGOINGNATURE, GEOPLIANT PROVIDES NO WARRANTY FEATURES, FUNCTIONS, SCOPE, OR UNDERTAKING, AND MAKES NO REPRESENTATION OPERATION OF ANY KINDSERVICE OFFERING, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE AT ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREETIME AND FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL PERFORM WITHOUT CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR IMMATERIAL INTERRUPTIONFREE OF HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU AGREE THAT GEOPLIANT HAS NO LIABILITY FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, OR THE GIVEVIA SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS PARTICIPATION AGREEMENT. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH RESPECT TO YOUR USE (X) ANY LOSS OF THE SOFTWARE PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS PARTICIPATION AGREEMENT OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED PARTICIPATION IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL PROGRAM, OR CONSEQUENTIAL OCCURENCES RESULTING FROM (Z) ANY TERMINATION OR SUSPENSION OF THIS PARTICIPATION AGREEMENT OR YOUR IMPROPER RELIANCE ON THE DATA CONTAINED PARTICIPATION IN THE SOFTWAREPROGRAM.

Appears in 1 contract

Samples: Givevia Participation Agreement

Disclaimers. SSG, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY . SSG MAKES NO WARRANTY OR OTHERWISE, REPRESENTATION WITH RESPECT TO THE LICENSED SOFTWARESERVICES, MEDIA PRODUCTS AND ANY RELATED INSTALLATION, CONFIGURATION, MAINTENANCE OR OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTSUPPORT SERVICES, EXPRESS OR IMPLIED, AT LAW OR OTHERWISE, INCLUDING ALL ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE INFRINGEMENT, ALL OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION WHICH ARE HEREBY DISCLAIMED TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY FOREGOING SSG MAKES NO PROMISE: (A) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE FOREGOINGSERVICES OR ANY CONTENT, ALL OF WHICH ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS; (IB) WE AS TO ANY THIRD-PARTY PROVIDER OR ANY OF ITS PRODUCTS OR SERVICES, WHETHER OR NOT SSG MAY HAVE NO OBLIGATION TO INDEMNIFY DESIGNATED IT OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSITS PRODUCTS OR SERVICES AS “CERTIFIED,” “VALIDATED,” OR OTHERWISE; AND (IIC) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE PRODUCTS AND SERVICES SHALL BE SECURE, UNINTERRUPTED, OR YOUR RELIANCE THEREON ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (D) THAT THE PRODUCTS AND IN NO EVENT SERVICES SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE MEET CLIENT’S REQUIREMENTS OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.EXPECTATIONS;

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. YOU USE THE LICENSED ONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE IS PROVIDED "AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING THE ONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER ” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGINFRINGEMENT, AND MAKES NO REPRESENTATION OF ANY KINDFREEDOM FROM COMPUTER VIRUS, WHETHER EXPRESS, IMPLIED, STATUTORY HACKER OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEHARMFUL CODE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE SERVICE WILL PERFORM WITHOUT ERROR FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR IMMATERIAL INTERRUPTIONINFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY RELEASE Q-XXXX, Q-XXXX FRANCHISEE, Q-XXXX CENTRES, Q-XXXX SUBSIDIARIES, AFFILIATES, AND Q-XXXX AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ONLINE LEARNING PROGRAMMEPARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH RESPECT TO YOUR USE OF ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES WITH THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE ONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE. YOU FURTHER AGREE WAIVE ANY RIGHTS YOU MAY HAVE UNDER ALL LOCAL AND INTERNALTIONAL LAW, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE DATA CONTAINED IN TIME OF EXECUTING THE SOFTWARERELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: End User Licensed Agreement

Disclaimers. a) THE LICENSED SOFTWARE IS PROVIDED "SITE, USER CONTENT, THIRD PARTY SERVICES, AND ALL PRODUCT AND SERVICES SOLD THROUGH THE SITE (COLLECTIVELY, “SITE PRODUCTS”) ARE MADE AVAILABLE “AS-IS” AND “AS IS" AVAILABLE”. WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF SITE PRODUCTS. COMPANY AND GEOPLIANT ITS AFFILIATES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTKIND, INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT INFRINGEMENT. IN PARTICULAR, COMPANY AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES ITS AFFILIATES MAKE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTSSITE OR USER CONTENT OR THIRD PARTY SERVICES, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN ACCESS TO OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, ACCURATE, SECURE, OR RELIABLE. UNDER NO EVENT CIRCUMSTANCES SHALL GEOPLIANT WE BE LIABLE FOR INCOMPLETE ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF SITE PRODUCTS THAT VIOLATES ANY APPLICABLE LAW OR INACCURATE DATA CONTAINED IN REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE SOFTWAREEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREMAY HAVE ADDITIONAL RIGHTS.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers. THE LICENSED SERVICES, INCLUDING THE APP, THE SITE, SOFTWARE IS AND ALL INFORMATION, MATERIALS AND CONTENT PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE", WHETHER EXPRESSWITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND INCLUDING ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT FITNESS FOR ANY USER'S INVESTMENT OBJECTIVES, FINANCIAL SITUATION, OR MEANS. FREE OF COMPUTER VIRUSES AND/OR FREE FROM ERRORS. FURTHERMORE, THE SITE, THE SOFTWARE, THE ALGORITHM AND WARRANTIES ARISING FROM A COURSE OF DEALINGTHE CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN, USAGE BE BASED ON OR TRADE PRACTICE. WITHOUT LIMITATION OTHERWISE REFER TO THE FOREGOINGERRORS, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGINACCURACIES, AND MAKES MISCALCULATIONS, PARTIAL OR INCOMPLETE INFORMATION, OUTDATED OR UNTIMELY DATA, MISTAKES OR FAULTS. IN NO REPRESENTATION EVENT SHALL YOWLO BE RESPONSIBLE FOR THE PERFORMANCE OF THE APP, THE SITE, THE SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE, DISRUPTION, DOWNTIME, AND INTERRUPTION OF SERVICES, DELAY, INACCURACY OR OTHER NONPERFORMANCE IN CONNECTION WITH THE SERVICES. You understand that the Services (including the App, the Site and its content and the Software and its results) are based, inter alia, on (a) past results which are not necessarily indicative of future performance and on (b) online sources which we deem reliable, but we disclaim any warranty or liability in connection with such content and provide no guarantees with respect to their accuracy or completeness. The App, Site or Services may contain, or direct you to other web pages. We make no representations concerning any content contained in or accessed through the App, Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. You understand that (i) no content published in connection with the Services, including without limitation, the Software, constitutes a recommendation or opinion with respect to any particular investment, security, portfolio of securities, transaction or investment strategy or its suitability for any specific person; (ii) Yowlo makes no, and, to the fullest extent permitted under law, hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the site or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non- infringement. Neither the App or Site, nor any information, content, materials, algorithm or services available via the App or Site, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to buy an interest in any security, investment advice or a recommendation or promotion of any transaction, futures contract, security or other financial product, investment manager, or trading or investment strategy; (iii) we are solely providing rankings of certain Ranking Subjects based on the Algorithm which is a subjective algorithm chosen by us, in our sole discretion, and that the views expressed by such Ranking Subjects or any users are their own opinions and recommendations; (iv) we rank only certain Ranking Subjects. Ranking results would be different if additional Ranking Subjects would be included and may change when additional Ranking Subjects are added, or existing Ranking Subjects are omitted; (v) our ranking depend on public information which may be inaccurate, wrong, outdated, partial or incomplete, in which case if the correct information was plugged into our ranking would be different; (vi) our ranking system may be subject to errors and interruptions, and may show results that are different from the rankings that should be derived from our published ranking criteria; (vii) the results and rankings provided by the Services and/or on the App or Site may be wrong, inaccurate, outdated, partial or incomplete or do not fit for a particular purpose and do not taking into account any user's investment objectives, financial situation, or means. THE SERVICES ARE OFFERED SOLELY FOR YOUR INFORMATION AND NOT FOR ANY COMMERCIAL USE. YOU SHOULD NOT RELY UPON ANY INFORMATION OR CONTENT INCLUDED IN ANY SERVICES FOR PURPOSES OF ANY KINDINVESTMENT OR TRANSACTION IN SECURITIES, WHETHER EXPRESSAND YOU ARE ENCOURAGED TO CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE, IMPLIEDAND TO SEEK THE ADVICE OF A QUALIFIED SECURITIES PROFESSIONAL, STATUTORY WHICH IS LICENSED TO PROVIDE ADVICE IN CONNECTION WITH SECURITIES, BEFORE YOU MAKE ANY INVESTMENT. WE ARE NOT A REGISTERED INVESTMENT ADVISOR OR OTHERWISEBROKER-DEALER, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE PROVIDE AN INVESTMENT ADVISORY SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY ANY ADVICE OR RECOMMENDATION WITH RESPECT TO BUYING OR SELLING ANY SECURITIES. WE HAVE NOT OBTAINED ANY LICENSE FROM ANY REGULATORY AUTHORITY WITH RESPECT TO THESE MATTERS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE APP OR YOUR RELIANCE THEREON SITE, AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, ANALYSTS OR INACCURATE DATA BLOGGERS OPINIONS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL IN, ACCESSED VIA, OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE DESCRIBED ON THE DATA CONTAINED IN THE SOFTWARESITE, IS AT YOUR OWN RISK. You are solely responsible for any actions or decisions you take based on materials and information available through our App, Site and Services, and should carry out your own research and investigation as appropriate.

Appears in 1 contract

Samples: Yowlo Terms & Conditions

Disclaimers. ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE LICENSED SOFTWARE IS OUR SERVICES, INCLUDING REPUBLICAN SINGLES GOLD COINS AND VIRTUAL GOODS, ARE PROVIDED "AS “AS-IS" AND GEOPLIANT EXPRESSLY REPUBLICAN SINGLES, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREWITHOUT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT INFRINGEMENT. WE CANNOT GUARANTEE AND WARRANTIES ARISING DO NOT PROMISE ANY SPECIFIC RESULTS FROM A COURSE USE OF DEALING, USAGE PRODUCTS OR TRADE PRACTICESERVICES. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR PRODUCTS, SERVICES OR IMMATERIAL INTERRUPTIONANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED SHOULD EXERCISE CAUTION IN THE SOFTWAREUSE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREReference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED SOFTWARE IS MATERIALS, THIRD PARTY SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND GEOPLIANT THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 10, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMS DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIESWARRANTIES OR REPRESENTATIONS OF EVERY KIND OR NATURE, WHETHER EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, WITH RESPECT AS TO THE LICENSED SOFTWARE, MEDIA MATERIALS AND ANY OTHER ANCILLARY OR RELATED PRODUCTS OR SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTINCLUDING, INCLUDING ALL IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USAGE OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICETHIRD PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, TOMIA DOES NOT WARRANT THAT (I) THE LICENSED SOFTWARE MATERIALS WILL MEET THE CUSTOMER'S ’S REQUIREMENTS, ACHIEVE (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY INTENDED RESULTS, BE COMPATIBLE OPEN SOURCE SOFTWARE USED IN OR WORK WITH ANY OTHER THE SOFTWARE, APPLICATIONSWILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SYSTEMS SOFTWARE, SYSTEMS, OR SERVICES DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY SET FORTH BE SPECIFIED IN WRITING BY XXXXX IN THE MATERIALSDOCUMENTATION), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING (III) THE GENERALITY OPERATION OF THE FOREGOINGLICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IIV) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE ALL ERRORS WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARECORRECTED.

Appears in 1 contract

Samples: Software as a Service Saas Agreement

Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE LICENSED SOFTWARE IS PROVIDED "FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER ” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGINFRINGEMENT, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY FREEDOM FROM COMPUTER VIRUS OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEHARMFUL CODE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE SERVICE WILL PERFORM WITHOUT ERROR FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR IMMATERIAL INTERRUPTIONINFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “KINGSCHAT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWAREANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU FURTHER AGREE WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE DATA CONTAINED IN TIME OF EXECUTING THE SOFTWARERELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: kingsch.at

Disclaimers. We try to keep the website and Services up and running and free of annoyances. But we make no promises that we will succeed. THE LICENSED SOFTWARE IS WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREBUT NOT LIMITED TO, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. IN ADDITION, WHILE RAN GROUP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE AND SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE AND SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY RAN GROUP CONTENT, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, STOCK OR SECURITIES PICKS OR RECOMMENDATIONS MADE BY US OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE OR SERVICES WILL BE TIMELY OR ACCURATE. RAN GROUP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH RAN GROUP WILL BE RESPONSIBLE FOR. RAN GROUP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ARISING FROM OF MERCHANTABILITY, FITNESS FOR A COURSE PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO RAN GROUP'S SERVICES, CONTENT, THE WEBSITE, OR INFORMATION CONTAINED ON THE WEBSITE OR SERVICES INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS. YOU BEAR ALL OF DEALINGTHE RISKS ASSOCIATED WITH THE USE OF THE WEBSITE, USAGE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR TRADE PRACTICEUSEFULNESS OF ANY CONTENT AND MATERIALS AVAILABLE ON THE WEBSITE OR USE OF THE SERVICES. WITHOUT LIMITATION USE OF THE WEBSITE AND SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR FINANCIAL INVESTMENT ADVICE OFFERED BY A LICENSED FINANCIAL ADVISOR AND YOU SHOULD SEEK THE ADVICE OF A FINANCIAL ADVISOR OF YOUR CHOOSING WITH ANY QUESTIONS YOU MAY HAVE ABOUT MAKING ANY FINANCIAL INVESTMENT DECISIONS. Services Provided For Informational Purposes.The information provided through the App, Services and Content is provided solely for informational, educational, or entertainment purposes. Ran Group and the Services are not endorsed by or affiliated with FINRA, and Ran Group is not a financial institution or insurance provider. Ran Group makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Ran Group recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances. No Warranties Regarding Third Parties. Ran Group makes no representations, warranties, or guarantees, express or implied, regarding any third party service, third party links, websites or advice (collectively “third parties”) provided by any third party of any kind offered on the website or services, or any quotes or offers provided through the Services from any third parties. Ran Group does not endorse any particular advisor or any third parties. Ran Group acts solely as an intermediary between you and any such third parties and expressly disclaims any and all liability for any content, products, or services offered or provided by such third parties. WE CAN’T AND WON’T TAKE RESPONSIBILITY FOR, OR MAKE ANY CLAIMS OR REPRESENTATIONS ABOUT, THE ACCURACY, COMPLETENESS, OR EVEN THE TRUTH OF EVERY BIT OF DATA, CONTENT, INFORMATION, AND OPINION PROVIDED THROUGH OUR WEBSITE AND SERVICES. ALL INFORMATION, MATERIALS AND CONTENT PROVIDED BY RAN GROUP IS TO BE USED ON AN “AS- IS” WITH ALL FAULTS BASIS. TO THE FOREGOINGEXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGSOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT RAN GROUP, ITS AFFILIATES, AGENTS AND MAKES NO REPRESENTATION THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, WHETHER EXPRESSINCLUDING LOST PROFITS, IMPLIED, STATUTORY LOSS OF BUSINESS OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTSARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE WEBSITE OR YOUR RELIANCE THEREON USE OF RAN GROUP’S SERVICES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF RAN GROUP OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE APPLY WHETHER THE DAMAGES ARISE FROM USE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL MISUSE OF OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED WEBSITE OR SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) INFORMATION, SECURITIES AND STOCK PICKS AND RECOMMENDATIONS MADE BY US, OUR CONTENT, MATERIALS, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE OR SERVICES, (II) YOUR USE, PURCHASE, OR DOWNLOADING OF ANY MATERIAL AND CONTENT ON OUR WEBSITE OR SERVICES, OR ARISING FROM OR RELATED TO THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NO WAY LIMITED TO, LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE OR BY STUFF BEYOND OUR CONTROL IN CREATING OR DELIVERING ANY OF OUR SERVICES; AND (III) FROM THE SOFTWAREINABILITY TO USE THE WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY DOES NOT APPLY IN NEW JERSEY. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Ran Group would not be able to offer the website or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers. Gowling WLG is not responsible in any manner for Content found on other web sites that are linked to the Site by hyperlinks and no endorsement of any products, services or information is expressed or implied by any Content referred to or included on, or linked from or to the Site. Your use of any such other web sites is entirely at Your risk. Gowling WLG is not responsible in any manner for any loss or damage caused by a distributed denial-of-service attack, viruses, cyber-attack, or any other technological harmful material that may infect Your equipment. TO THE LICENSED SOFTWARE IS MAXIMUM EXTENT PERMISSIBLE BY LAW, THE SITE (INCLUDING, BUT NOT LIMITED TO, ALL CONTENT AND/OR YOUR ACCESS TO AND USE OF THE SITE) ARE PROVIDED "AS IS", "AS AVAILABLE" AND GEOPLIANT EXPRESSLY DISCLAIMS “WITH ALL OTHER FAULTS”. GOWLING WLG AND ITS LICENSORS AND SOFTWARE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSAND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYQUALITY, QUALITYPERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, NON-MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON- INFRINGEMENT AND WARRANTIES OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALINGDEALING OR USAGE OF THE TRADE) AS TO, USAGE ARISING OUT OF OR TRADE PRACTICE. WITHOUT LIMITATION RELATED TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOLLOWING: (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT THESE TERMS OF INTELLECTUAL PROPERTY RIGHTSUSE; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM SITE (INCLUDING, WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE LIMITATION, (A) THE PERFORMANCE OF THE SOFTWARE SITE OR YOUR RELIANCE THEREON ITS FAILURE TO PERFORM, (B) THE AVAILABILITY OR RELIABILITY OF THE SITE, (C) THE FUNCTIONS, CONTENT AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE INFORMATION MADE ACCESSIBLE OR INACCURATE AVAILABLE ON OR THROUGH THE SITE, AND (D) COMPONENTS); AND/OR (III) THE TRANSMISSION OF CONTENT OR DATA CONTAINED IN TRANSMITTED TO OR FROM YOU OR OTHERS VIA THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARESITE.

Appears in 1 contract

Samples: ca.gowlingwlg.com

Disclaimers. THIS WEBSITE AND THE LICENSED SOFTWARE IS MATERIALS ARE PROVIDED "ON AN 'AS IS" ' AND GEOPLIANT EXPRESSLY DISCLAIMS 'AS AVAILABLE' BASIS, ANDARE INTENDED FOR INFORMATIONAL PURPOSES ONLY.WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE WEBSITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING, BUT NOT LIMITED TO: (A)ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR OTHERWISESUITABILITY OF THIS WEBSITE, WITH RESPECT TO THE LICENSED SOFTWAREWEBSITE MATERIALS, MEDIA AND OR ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER OR RESULTS OBTAINED ON OR THROUGH THIS AGREEMENT, INCLUDING ALL WEBSITE; AND(B) ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, QUALITYNON - INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND PURPOSE.WE MAKE NO REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY THAT THIS WEBSITE OR OTHERWISE, THAT THE LICENSED SOFTWARE ANY WEBSITE MATERIALS WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE ASSIST YOU IN IDENTIFYING A SUITABLE SERVICE PROVIDER OR WORK WITH FOR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE PURPOSE.WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE THIS WEBSITE WILL PERFORM WITHOUT BE UNINTERRUPTED, ERROR - FREE, OR IMMATERIAL INTERRUPTION. YOU FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE XXXXXXXXX.XXX EXPRESSLY AGREE THAT GEOPLIANT HAS NO YOUR USE OF THIS WEBSITE AND THE WEBSITE MATERIALS IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO YOUR USE SEPARATE AGREEMENTS YOU MAY MAKE WITH SERVICE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE, AND YOU WILL LOOK SOLELY TO SUCH SERVICE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE SOFTWARE SUCH AGREEMENTS AND / OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE SUCH PRODUCTS OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARESERVICES.

Appears in 1 contract

Samples: User Agreement

Disclaimers. YOUR USE OF THE LICENSED SOFTWARE SITE IS AT YOUR SOLE RISK. EXCEPT WHERE REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "ON AN “AS IS" ,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ANCHORAGE, ITS AFFILIATES, AND GEOPLIANT EXPRESSLY DISCLAIMS THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISEIN ANY OTHER WAY, WITH RESPECT TO THE LICENSED SOFTWARETHIS SITE, MEDIA ITS CONTENT, AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS PRODUCTS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE AVAILABLE OR RELIABILITY STANDARDS OR BE ERROR FREEPROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANCHORAGE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (IA) WE HAVE NO OBLIGATION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO INDEMNIFY THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSCURRENT; AND OR (IID) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE SERVICE WILL PERFORM WITHOUT ERROR POSSIBILITY OF DELETION, MIS-DELIVERY OR IMMATERIAL INTERRUPTIONFAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU AGREE ACCEPT THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. Limitation of Liability YOUR USE OF THE SOFTWARE SITE IS AT YOUR OWN RISK. ANCHORAGE IS NOT RESPONSIBLE FOR ANY ERRORS OR YOUR RELIANCE THEREON AND OMISSIONS IN THE CONTENT AVAILABLE ON THE SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GEOPLIANT ANCHORAGE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR INCOMPLETE ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INACCURATE DATA CONTAINED OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF ANCHORAGE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE SOFTWARE. YOU FURTHER AGREE CREDITOR DOES NOT KNOW OR SUSPECT TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL EXIST IN HIS OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON HER FAVOR AT THE DATA CONTAINED IN TIME OF EXECUTING THE SOFTWARERELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT . TO THE LICENSED SOFTWAREFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO PART OF IT (INCLUDING, WITHOUT LIMITATION, THE CUSTOMER UNDER THIS AGREEMENTSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT, USAGE CORRECTNESS, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO OBLIGATION LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO INDEMNIFY OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR DEFEND LIABLE TO YOU AGAINST CLAIMS RELATED TO INFRINGEMENT FOR ANY LOSSES YOU INCUR AS THE RESULT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INACCURATE INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA CONTAINED IN LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE SOFTWAREUSE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE EvoS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE DATA CONTAINED IN RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE SOFTWAREDECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. Evo Surfers LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. Evo Surfers IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: images.evosurfers.com

Disclaimers. THE LICENSED SOFTWARE IS SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL REPRESENTATIONS AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING WITHOUT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGTHIRD PARTY RIGHTS, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN HEREIN, HIGHER LOGIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE MATERIALS)RELIABILITY, OPERATE WITHOUT INTERRUPTIONQUALITY, MEET ANY PERFORMANCE SUITABILITY, AVAILABILITY, ACCURACY OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY COMPLETENESS OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY SOFTWARE SERVICES OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; ANY MATTER WHATSOEVER. HIGHER LOGIC AND (II) WE ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THAT: (A) THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE ERROR-FREE; (B) THE SOFTWARE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR INACCURATE DATA CONTAINED EXPECTATIONS; (C) ERRORS OR DEFECTS IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL SOFTWARE SERVICES WILL BE CORRECTED; OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON (D) THE DATA CONTAINED IN SOFTWARE SERVICES OR THE SOFTWARESERVER(S) THAT HOST THE SOFTWARE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Higher Logic Online License Agreement

Disclaimers. THE LICENSED SOFTWARE IS DIGITAL SERVICES ARE PROVIDED "“AS-IS” AND “AS IS" AVAILABLE” AND GEOPLIANT WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESDISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING THE WARRANTIES OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR UNDERTAKINGERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MAKES NO REPRESENTATION THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY KINDPRODUCTS OR SERVICES. THE COMPANY CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. AS PART OF THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY THE COMPANY MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWAREPRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, APPLICATIONS, SYSTEMS OR WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (EXCEPT AS EXPRESSLY SET FORTH INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE MATERIALS)PRICE, OPERATE WITHOUT INTERRUPTIONAVAILABILITY, MEET ANY PERFORMANCE DESCRIPTION OR RELIABILITY STANDARDS CONDITION OF A PRODUCT OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGSERVICE (INCLUDING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), THE COMPANY IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. THE COMPANY ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR YOUR RELIANCE THEREON AND OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO EVENT CIRCUMSTANCES SHALL GEOPLIANT THE COMPANY BE LIABLE RESPONSIBLE FOR INCOMPLETE ANY LOSS OR INACCURATE DATA CONTAINED IN DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SOFTWAREDIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU FURTHER AGREE USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH THE COMPANY OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREYOU.

Appears in 1 contract

Samples: collectorcarcanada.ca

Disclaimers. THE LICENSED SOFTWARE IS PROVIDED "SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS" ,” “AS AVAILABLE,” AND GEOPLIANT EXPRESSLY DISCLAIMS “WITH ALL OTHER WARRANTIESFAULTS” BASIS, WHETHER WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIEDIMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. Treads DOES NOT PROVIDE, STATUTORY AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION OR OTHERWISE, WITH RESPECT WARRANTY OF ANY KIND TO THE LICENSED SOFTWARE, MEDIA AND YOU OR ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTPERSON OR ENTITY, INCLUDING ALL INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND WARRANTIES SERVICES OFFERED BY TREADS OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. Treads MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TREADS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS PROVIDED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING FROM A COURSE OUT OF DEALINGYOUR USE OF THE SERVICES, USAGE AND ANY SERVICE OR TRADE PRACTICEGOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. Limitations of Liability YOU AGREE NOT TO HOLD TREADS (OR, ITS STOCKHOLDERS, ITS AFFILIATES, ITS LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE TREADS PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TREADS OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL TREADS OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TREADS PLATFORM OR ANY SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT TREADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION TO LIMITING THE FOREGOING, GEOPLIANT PROVIDES TREADS AND MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TREADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TREADS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TREADS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WHEN TREADS’S SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT Treads HAS NO WARRANTY RESPONSIBILITY OR UNDERTAKINGLIABILITY TO YOU RELATING TO VEHICLE INSPECTION, AND MAKES NO REPRESENTATION OF ANY KINDDIAGNOSIS, WHETHER EXPRESSMAINTENANCE, IMPLIEDREPAIR, STATUTORY AND/OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE MATERIALS)EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, OPERATE WITHOUT INTERRUPTIONSO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, MEET NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TREADS OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB. TO THE EXTENT THAT THE TREADS PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, TREADS WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY PERFORMANCE THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE TREADS FROM ANY AND ALL LIABILITY, CLAIMS OR RELIABILITY STANDARDS DAMAGES ARISING FROM OR BE ERROR FREEIN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. WITHOUT LIMITING TREADS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF TREADS PLATFORM. BECAUSE XXXXXX IS NOT INVOLVED IN THE GENERALITY ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDER OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH A THIRD PARTY PROVIDER, YOU RELEASE TREADS AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. THE QUALITY OF THE FOREGOINGSERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE TREADS PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, (I) WE HAVE NO OBLIGATION THEREFORE, THAT BY USING THE Treads PLATFORM, YOU MAY BE EXPOSED TO INDEMNIFY SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR DEFEND OTHERWISE OBJECTIONABLE, AND THAT YOU AGAINST CLAIMS RELATED USE THE TREADS PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE TREADS PLATFORM CONSTITUTES, OR IS MEANT TO INFRINGEMENT CONSTITUTE, ADVICE OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. TREADS PLATFORM, YOU AGREE THAT GEOPLIANT HAS NO THE EXCLUSIONS AND LIMITATIONS OF LIABILITY WITH RESPECT TO SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE TREADS PLATFORM. IF YOU ARE A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR USE OF THE SOFTWARE SOLE RECOURSE FOR PAYMENT FOR YOUR SERVICES, OR ANY OTHER DAMAGES YOU OR YOUR RELIANCE THEREON EMPLOYEES OR CONTRACTORS MAY SUFFER AS A RESULT OF PROVIDING SUCH SERVICES, IS AGAINST THE PERSON REQUESTING SUCH SERVICES, AND IN NO EVENT SHALL GEOPLIANT BE LIABLE NOT AGAINST TREADS, AND YOU HEREBY INDEMNIFY AND HOLD TREADS HARMLESS AGAINST ANY SUCH CLAIMS FOR INCOMPLETE PAYMENT OR INACCURATE DATA CONTAINED IN THE SOFTWAREDAMAGES. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARETreads Indemnification . You hereby agree to indemnify, defend, and hold harmless Treads and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Treads Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Provider), and (v) Your Information and content that you submit or transmit through the Treads Platform. Treads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Treads. Dispute Resolution Disputes under $5,000: For any Disputes that arise and where damages are less than $5,000, the parties agree to resolve such Disputes in small claims court in Salt Lake City, Utah, without the need for arbitration. Disputes over $5,000: For any Disputes that arise and where damages are $5,000 or more you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Treads in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitration may be conducted electronically through Fairclaims or RapidRulings in accordance with their respective rules and procedures. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Salt Lake City, Utah or online via video conference. You acknowledge and agree that you and Treads are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Xxxxxx otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Treads’s intellectual property rights, Treads may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to the exclusive jurisdiction and venue in such courts. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.

Appears in 1 contract

Samples: General Agreement

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LICENSED SOFTWARE WEBSITE, SOFTWARE, HARDWARE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND GEOPLIANT "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT BUT NOT LIMITED TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT. IN ADDITION, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE INDIRECTLY TO ANY ACTION OR INACCURATE DATA CONTAINED IN THE SOFTWARE. INACTION YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE TAKE BASED ON THE DATA CONTAINED IN INFORMATION, SERVICES, OR OTHER MATERIAL ON THE SOFTWAREWEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. THE LICENSED SOFTWARE IS EXCEPT AS EXPRESSLY PROVIDED "AS IS" HEREIN, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND GEOPLIANT EXPRESSLY EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING, MEDIA AND WITHOUT LIMITATION, ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE SERVICES WILL PERFORM WITHOUT ERROR MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR IMMATERIAL INTERRUPTION. YOU AGREE ERROR-FREE, THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE EXPECTATIONS OR INACCURATE DATA CONTAINED THAT ANY ERRORS IN THE SOFTWARESERVICES WILL BE CORRECTED. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR INCIDENTAL ANY HARM OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREDAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS.

Appears in 1 contract

Samples: s3-us-west-2.amazonaws.com

Disclaimers. 1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED "AS AVAILABLE" WITHOUT WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMPLIEDWE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE WITHOUT LIMITATION ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSEXTERNAL WEBSITES), OPERATE WITHOUT INTERRUPTIONINCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MEET ANY PERFORMANCE CORRECTNESS, ACCURACY, OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) WE HAVE NO OBLIGATION YOUR ACCESS TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT USE OF INTELLECTUAL PROPERTY RIGHTS; AND THE APP WILL MEET YOUR REQUIREMENTS, (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR YOUR ACCESS TO OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE LIABLE FOR INCOMPLETE ACCURATE, (IV) THE APP OR INACCURATE ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA CONTAINED IN THAT YOU DISCLOSE WHEN YOU USE THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREAPP WILL BE SECURED.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. HIGHER LOGIC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE LICENSED RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE, THE SOFTWARE IS OR ANY MATTER WHATSOEVER. HIGHER LOGIC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE WEBSITE OR SOFTWARE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (C) ERRORS OR DEFECTS IN THE WEBSITE OR THE SOFTWARE WILL BE CORRECTED; OR (D) THE WEBSITE OR THE SOFTWARE OR THE SERVER(S) THAT MAKE THE WEBSITE AND THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE AND THE SOFTWARE ARE PROVIDED "STRICTLY ON AN “AS IS" ” BASIS. ALL REPRESENTATIONS AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING WITHOUT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGTHIRD PARTY RIGHTS, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HIGHER LOGIC AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREITS LICENSORS.

Appears in 1 contract

Samples: Higher Logic Online License Agreement

Disclaimers. WE DO NOT WARRANT THAT (a) THE LICENSED SOFTWARE IS SERVICES WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED; (b) WE WILL CORRECT ALL DEFECTS OR ERRORS, OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS IN CONNECTION WITH THE SERVICES; or (c) THE SERVICES WILL OPERATE IN CONJUNCTION WITH YOUR CONTENT OR ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED "BY US. TO THE EXTENT PERMITTED BY LAW IN EACH CASE AND EXCEPT AS IS" EXPRESSLY PROVIDED HEREIN, WE EXCLUDE AND GEOPLIANT EXPRESSLY DISCLAIMS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER COMMITMENTS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING WITHOUT LIMITATION, MEDIA AND ANY WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES COMMITMENTS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.5 Proprietary Rights and Restrictions

Appears in 1 contract

Samples: Terms of Service

Disclaimers. UNIMATE PROVIDES THE LICENSED SOFTWARE IS PROVIDED "SERVICE ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT “AS AVAILABLE” BASIS AND TO THE LICENSED SOFTWAREEXTENT PERMITTED BY APPLICABLE LAW, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED GRANTS NO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT OTHERWISE WITH RESPECT TO THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES SERVICE (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSINCLUDING ALL CONTENT CONTAINED THEREIN), OPERATE INCLUDING, WITHOUT INTERRUPTIONLIMITATION, MEET ANY PERFORMANCE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR RELIABILITY STANDARDS NON-INFRINGEMENT. UNIMATE DOES NOT REPRESENT OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT (A) THE SERVICE WILL PERFORM WITHOUT BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR IMMATERIAL INTERRUPTIONERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. UNIMATE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. UNIMATE DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE ANY OTHER USER, ON OR INACCURATE DATA CONTAINED IN OFF THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARESERVICE.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. THE LICENSED SOFTWARE IS SERVICES ARE PROVIDED "ON AN “AS-IS” AND “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGAVAILABLE” BASIS, AND MAKES NO REPRESENTATION SYMPHONIC (AND OUR SUPPLIERS AND PARTNERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND OUR SUPPLIERS AND PARTNERS) MAKE NO WARRANTY THAT THE LICENSED SOFTWARE SERVICES WILL MEET THE CUSTOMER'S YOUR REQUIREMENTS, ACHIEVE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WARRANTIES WITH RESPECT TO YOUR USE THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN EXCLUSION OF IMPLIED WARRANTIES, SO THE SOFTWAREABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU FURTHER AGREE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREYOU.

Appears in 1 contract

Samples: symphonic.com

Disclaimers. XXXXX ACKNOWLEDGES AND AGREES THAT RIDER'S USE OF ANY OF THE LICENSED SOFTWARE SERVICES IS AT RIDER'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER'S USE OF ANY OF THE SERVICES, BTS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS "AS AVAILABLE" (AND RIDER RELIES ON THEM SOLELY AT RIDER'S OWN RISK). BTS AND ALL OTHER WARRANTIESRELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, WHETHER EXPRESSAND DELAYS, IMPLIEDOMISSIONS, STATUTORY INTERRUPTIONS, OR OTHERWISE, INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE LICENSED SOFTWARE, MEDIA SERVICES. XXXXX ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OTHER SERVICES AND MATERIALS PROVIDED TO OF THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGSERVICES, AND MAKES NO REPRESENTATION OF BTS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE CLAIM ATTRIBUTABLE TO ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY . XXXXX ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR DEFEND YOU AGAINST CLAIMS NATURE WHATSOEVER RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR A STOLEN OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE LOST BIKE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARERIDER'S PASS.

Appears in 1 contract

Samples: cdn01.bcycle.com

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT . TO THE LICENSED SOFTWAREFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO PART OF IT (INCLUDING, WITHOUT LIMITATION, THE CUSTOMER UNDER THIS AGREEMENTSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT, USAGE CORRECTNESS, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO OBLIGATION LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO INDEMNIFY OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR DEFEND LIABLE TO YOU AGAINST CLAIMS RELATED TO INFRINGEMENT FOR ANY LOSSES YOU INCUR AS THE RESULT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INACCURATE INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA CONTAINED IN LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE SOFTWAREUSE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE AXIES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE DATA CONTAINED IN RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE SOFTWAREDECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. AXIE INFINITY LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. AXIE INFINITY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use (Realm Metaverse Real Estate Inc.)

Disclaimers. THE LICENSED SOFTWARE IS COMPANY WEBSITES ARE PROVIDED "AS IS" AND GEOPLIANT "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COMPANY WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT COMPANY, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR OTHERWISEPURPOSE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTSTITLE, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSAND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE COMPANY MAKES NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT WARRANTY THAT THE SERVICE WEBSITES WILL PERFORM WITHOUT MEET YOUR REQUIREMENTS OR THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR IMMATERIAL INTERRUPTIONTHAT DEFECTS IN THE S WEBSITES WILL BE CORRECTED. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES OR FROM COMPANY , ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. VENUS DISCLAIMS ALL EQUITABLE INDEMNITIES. YOU UNDERSTAND AND AGREE THAT GEOPLIANT HAS NO LIABILITY ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO YOUR USE ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF THE SOFTWARE ITSELF OR YOUR RELIANCE THEREON AND IN NO EVENT THIRD PARTIES. COMPANY SHALL GEOPLIANT NOT BE LIABLE FOR INCOMPLETE ANY THIRD-PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR INACCURATE DATA CONTAINED COMPANY WEBSITES WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. COMPANY SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN THE SOFTWARE. YOU FURTHER AGREE PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENUS’S OBLIGATIONS DUE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREOMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. THE LICENSED SOFTWARE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE REACHTV MATERIALS ARE PROVIDED ON AN "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REACHTV PARTIES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESSREPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, NON-­‐INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY LINKED-­‐TO WEBSITE OR CONTENTS. THE REACHTV PARTIES DO NOT WARRANT THAT (A) THIS WEBSITE, THE REACHTV MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-­‐FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE; (B) THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE ITS CONTENTS AVAILABLE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THE USE OF THE RESULTS OF THIS WEBSITE OR THE REACHTV MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY REACHTV MATERIALS RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE OR THE REACHTV MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, APPLICATIONSYOU AND NOT THE REACHTV PARTIES ARE RESPONSIBLE FOR THOSE COSTS. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH REACHTV THROUGH ANY SOURCE THE STATEMENTS, SYSTEMS PROMISES OR SERVICES ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND THIS DISCLAIMER AND THIS AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED. Limitations of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE REACHTV PARTIES BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSINCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), OPERATE WITHOUT INTERRUPTIONARISING OUT OF OR IN CONNECTION WITH THE USE OF, MEET OR THE INABILITY TO USE, THIS WEBSITE OR ANY PERFORMANCE OF THE REACHTV MATERIALS OR RELIABILITY STANDARDS CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE REACHTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BE ERROR FREELOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY REACHTV IS NOT RESPONSIBLE OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR YOUR SYSTEM, OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE SOFTWARE ABOVE LIMITATION OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE EXCLUSION OF LIABILITY OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnity YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE REACHTV PARTIES HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF THE REACHTV PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM FROM: (A) ANY BREACH BY YOU OF THIS AGREEMENT; OR (B) YOUR IMPROPER RELIANCE ON USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT. WE RESERVE THE DATA CONTAINED IN RIGHT TO ASSUME THE SOFTWAREEXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. Jurisdictional Issues and Dispute Resolution When using this Website, you are responsible for compliance with all laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or Federal courts located in Xxxxxx County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this Agreement should you have any queries about it.

Appears in 1 contract

Samples: www.reachtvonline.com

Disclaimers. THE LICENSED SOFTWARE SDK IS PROVIDED "AS “AS-IS" AND GEOPLIANT WITHOUT ANY WARRANTY WHATSOEVER FROM SOTI AND LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT: (I) USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT LICENSEE’S OWN DISCRETION AND RISK; AND (II) LICENSEE IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOTI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOTI DOES NOT WARRANT THAT THE LICENSED SOFTWARE SDK WILL MEET THE CUSTOMER'S LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTSOR THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED, ENTIRELY ERROR FREE, CONTINUE TO BE MADE AVAILABLE, COMPATIBLE OR WORK WITH ANY OTHER THIRD-PARTY SOFTWARE, APPLICATIONS, SYSTEMS OR THIRD- PARTY SERVICES (EXCEPT OR ANY OTHER SOTI PRODUCTS OR SERVICES, APPEAR PRECISELY AS EXPRESSLY SET FORTH DESCRIBED IN THE MATERIALS)SDK DOCUMENTATION, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED DEFECTS IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARESDK WILL BE CORRECTED.

Appears in 1 contract

Samples: SDK License Agreement

Disclaimers. EXCEPT FOR THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND ANY WARRANTIES ARISING FROM A THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICETRADE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO OPENCOUNTER DOES NOT WARRANT THAT THE SERVICE HOSTED SERVICES WILL PERFORM WITHOUT MEET CITY’S REQUIREMENTS, WILL BE ERROR-FREE OR SECURE, OR THAT THE HOSTED SERVICES WILL BE UNINTERRUPTED. OPENCOUNTER DOES NOT WARRANT THAT ANY APPLICATION DATA INPUT INTO THE HOSTED SERVICES WILL BE ACCURATE OR FREE OF ERRORS, THE OPERATION OF THE HOSTED SERVICES WILL BE COMPLETELY SECURE, ERROR FREE OR IMMATERIAL INTERRUPTIONUNINTERRUPTED, OR ALL ERRORS WILL BE CORRECTED. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT CITY ASSUMES ALL RISK OF DELAYS OR INTERRUPTIONS IN ACCESS TO YOUR OR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES HOSTED SERVICE RESULTING FROM YOUR IMPROPER RELIANCE ON USE OF THE DATA CONTAINED IN INTERNET AND/OR TELECOMMUNICATIONS TO ACCESS THE SOFTWAREHOSTED SERVICE, AND OPENCOUNTER SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR INTERRUPTION.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. THE LICENSED SOFTWARE IS MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE MOBILE APPLICATIONS, ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIDE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, QUALITYNON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING THAT MAY ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COURSE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEUSAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGFIDE AND ITS PARENTS, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND (II) WE AGENTS DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR YOUR RELIANCE THEREON AND IN SERVICES AVAILABLE ON OR THROUGH THE MOBILE APPLICATIONS, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATIONS (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE MOBILE APPLICATIONS ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE MOBILE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OPINION, ADVICE OR INACCURATE DATA CONTAINED STATEMENT OF FIDE OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE MOBILE APPLICATIONS, IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL MATERIALS, OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SOFTWARETERMS. YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE MOBILE APPLICATIONS, ARE ENTIRELY AT YOUR OWN RISK.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITE, THE GAME AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE GAME AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT . TO THE LICENSED SOFTWAREFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE GAME AND THE SMART CONTRACTS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO PART OF IT (INCLUDING, WITHOUT LIMITATION, THE CUSTOMER UNDER THIS AGREEMENTSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT, USAGE CORRECTNESS, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE GAME AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO OBLIGATION LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO INDEMNIFY OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR DEFEND LIABLE TO YOU AGAINST CLAIMS RELATED TO INFRINGEMENT FOR ANY LOSSES YOU INCUR AS THE RESULT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE ETHEREUM NETWORK OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR INACCURATE CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA CONTAINED LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET. ETHER KINGDOMS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SOFTWAREETHEREUM NETWORK. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DATA CONTAINED IN DECENTRALIZED LEDGER WITHIN THE SOFTWAREETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. E. ETHER KINGDOMS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT FOR SUBSTANTIAL CONFORMANCE WITH ANY EXPRESS WARRANTIES CONTAINED IN COMMENCE'S WRITTEN DOCUMENTATION FOR THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL SERVICES, NEITHER COMMENCE NOR ANY OTHER THIRD PARTY VENDORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGOF TRADE, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT REGARDING THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE SERVICES OR WORK WITH ANY OTHER SOFTWAREMATTER ARISING FROM OR PERTAINING TO THIS AGREEMENT. COMMENCE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, APPLICATIONS, SYSTEMS DAMAGES OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OTHER LOSSES RESULTING FROM USE OF THE FOREGOINGSERVICES.ANY OTHER PRODUCT, (I) WE HAVE SERVICE, OR INFORMATION, LINK OR ACCESS OFFERED BY COMMENCE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES ARE OFFERED "AS IS" AND "WITH ALL FAULTS." COMMENCE MAKES NO OBLIGATION TO INDEMNIFY REPRESENTATIONS OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; WARRANTIES, AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO YOUR USE OF (i) THE SOFTWARE PRESENT OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FUTURE METHODOLOGY, PROCESS, OR FUNCTIONALITY EMPLOYED BY COMMENCE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN PROVIDING THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.SERVICES

Appears in 1 contract

Samples: Services and License Subscription Agreement

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, THE LICENSED SOFTWARE IS SERVICE AND SERVICE DOCUMENTATION ARE PROVIDED "AS IS" AND GEOPLIANT WEBROOT AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA WARRANTIES AND REPRESENTATIONS OF ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTKIND, INCLUDING ALL IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITYNON-INFRINGEMENT, QUALITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGFUNCTIONALITY, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KINDMERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, STATUTORY. WEBROOT DOES NOT WARRANT THAT THE LICENSED SOFTWARE SERVICE, OR ACCESS THERETO, WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE, MEET THE CUSTOMER'S YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTSRESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, NETWORKS, OR DATABASES. WEBROOT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT UPGRADES WILL BE BACKWARDS COMPATIBLE WITH ANY PRIOR OPERATING SYSTEMS, SOFTWARE, APPLICATIONSOR HARDWARE, OR THAT UPGRADES WILL NECESSARILY BE COMPATIBLE WITH FUTURE OPERATING SYSTEMS OR SERVICES (EXCEPT RELEASED BY THIRD PARTIES TO THE GENERAL PUBLIC AFTER THE EFFECTIVE DATE. AS EXPRESSLY SET FORTH IN THE MATERIALS)BETWEEN YOU AND WEBROOT, OPERATE WITHOUT INTERRUPTIONALL OPEN SOURCE SOFTWARE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGTHIRD- PARTY SOFTWARE, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON GEOIP DATABASES ARE PROVIDED “AS IS” AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE“AS AVAILABLE.

Appears in 1 contract

Samples: Subscription Agreement for Consumers

Disclaimers. THE LICENSED SOFTWARE WEBSITE IS PROVIDED "ON AN “AS IS" AND GEOPLIANT AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY DISCLAIMS ALL OTHER IDENTIFIED AS WARRANTIES BY TECNOGLASS, TECNOGLASS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, WITH RESPECT TO REGARDING (A) THE LICENSED SOFTWAREWEBSITE; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, MEDIA IF ANY; AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO (C) THE CUSTOMER UNDER THIS AGREEMENTACTS OR OMISSIONS OF USERS OR VENDORS, IF ANY, THROUGH THE WEBSITE, INCLUDING ALL (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A BY COURSE OF DEALING, USAGE DEALING OR TRADE PRACTICECUSTOM OF TRADE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND TECNOGLASS MAKES NO REPRESENTATION OF OR WARRANTY THAT ANY KINDMATERIAL, WHETHER EXPRESSCONTENT, IMPLIEDPRODUCTS, STATUTORY OR OTHERWISESERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TECNOGLASS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE LICENSED SOFTWARE WEBSITE WILL MEET THE CUSTOMER'S YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION THAT YOUR ACCESS TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE WEBSITE WILL BE UNINTERRUPTED OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN SECURE. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWAREEXCLUSION OF CERTAIN WARRANTIES. YOU FURTHER AGREE ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREYOU.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT FOR THE LICENSED SOFTWARE IS PROVIDED "REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE IV, THE PROJECT FACILITIES AND ANY OTHER ASSETS OF CPI, CEM, THE INVESTOR SUBSIDIARIES, THE SERVICE SUBSIDIARIES AND THE PROJECT COMPANIES ARE BEING ACQUIRED BY BUYER “AS IS" AND GEOPLIANT “WHERE IS”, AND EXCEPT FOR SUCH REPRESENTATIONS AND WARRANTIES, SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, AT COMMON LAW, STATUTORY OR OTHERWISE, AS TO LIABILITIES, OPERATIONS OF THE PROJECT FACILITIES AND ANY OTHER ASSETS OF CPI, CEM, THE INVESTOR SUBSIDIARIES, THE SERVICE SUBSIDIARIES AND THE PROJECT COMPANIES (COLLECTIVELY, THE “ACQUIRED ASSETS”), THE TITLE, CONDITION, VALUE OR QUALITY OF THE ACQUIRED ASSETS OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE ACQUIRED ASSETS, AND SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE LICENSED SOFTWAREACQUIRED ASSETS, MEDIA AND OR ANY OTHER SERVICES AND MATERIALS PROVIDED PART THEREOF, OR AS TO THE CUSTOMER UNDER THIS AGREEMENTWORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY GOVERNMENTAL REQUIREMENTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYBUT NOT LIMITED TO ANY ENVIRONMENTAL LAWS, QUALITY, FITNESS OR WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR PERSONAL PROPERTY TO OPERATE THE PURCHASED ASSETS. EXCEPT FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE IV, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mdu Resources Group Inc)

Disclaimers. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE LICENSED SOFTWARE IS SERVICES OR THE REPORTS GENERATED BY THEM WILL BE ERROR FREE, VIRUS FREE OR SECURE. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, TECHNOLOGY AND REPORTS ARE PROVIDED "AS IS" AND GEOPLIANT “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CLIENT’S USE OF THE SERVICES AND REPORTS ARE AT ITS SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE REPORTS WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS ARE CORRECTABLE. EXCEPT AS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESSET OUT IN THESE TERMS OF SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO WARRANTIES OR CONDITIONS IN RESPECT OF THE SERVICES OR THE REPORTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTSTATUTORY, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER, NON-INFRINGEMENT AND WARRANTIES ARISING FROM ITS REPRESENTATIVES, AGENTS OR EMPLOYEES, INCLUDING ANY REPORT OR PARTS THEREOF, WILL BE CONSTRUED AS A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGREPRESENTATION. CLIENT IS SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF ANY RESULTS OBTAINED FROM THE SERVICES (INCLUDING ANY REPORTS), AND MAKES NO REPRESENTATION OF FOR ENSURING THAT THEIR USE DOES NOT VIOLATE ANY KINDLEGAL OBLIGATIONS (WHETHER IMPOSED BY STATUTE, WHETHER EXPRESS, IMPLIED, STATUTORY CONTRACT OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.

Appears in 1 contract

Samples: Affinio Terms of Service

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Disclaimers. “As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE LICENSED SOFTWARE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND GEOPLIANT EXPRESSLY WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XXXXXXXXX CONSULT GMBH DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSSTATUTORY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGTITLE, AND MAKES NON- INFRINGEMENT OF PROPRIETARY RIGHTS. NO REPRESENTATION OF ANY KINDADVICE OR INFORMATION, WHETHER EXPRESSORAL OR WRITTEN, IMPLIEDOBTAINED BY YOU FROM ROCKMANN CONSULT GMBH OR THROUGH THE SITE, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE CREATE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS WARRANTY NOT EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREESTATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO Website operation. XXXXXXXXX CONSULT GMBH DOES NOT WARRANT THAT THE SERVICE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL PERFORM WITHOUT ERROR BE UNINTERRUPTED, OR IMMATERIAL INTERRUPTION. YOU AGREE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE ANY OF THE SOFTWARE FOREGOING WILL BE CORRECTED. Non-XXXXXXXXX CONSULT GMBH content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-BC CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR YOUR RELIANCE THEREON AND IN OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-BC CONTENT. UNDER NO EVENT SHALL GEOPLIANT CIRCUMSTANCES WILL XXXXXXXXX CONSULT GMBH BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN CONNECTION WITH THE SOFTWARE. YOU FURTHER AGREE NON-BC CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON- BC CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO HOLD GEOPLIANT HARMLESS ANY NON-BC CONTENT, OR FOR INCIDENTAL ANY LOSS OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE DATA CONTAINED IN THE SOFTWAREUSE OF ANY NON-BC CONTENT.

Appears in 1 contract

Samples: nor-discover.cloudeo.group

Disclaimers. TO THE LICENSED SOFTWARE IS PROVIDED "AS IS" MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN SECTION 15 AND GEOPLIANT EXPRESSLY THE TERMS OF SERVICE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EVERNOTE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWAREMAXIMUM EXTENT OF THE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EITHER PARTY HERETO, MEDIA AND ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY OTHER SERVICES AND MATERIALS PROVIDED WAY INCREASE THE SCOPE OF THE WARRANTIES IN THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION TO THE CUSTOMER UNDER THIS AGREEMENTCONTRARY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO EVERNOTE DOES NOT WARRANT THAT THE EVERNOTE SOFTWARE OR EVERNOTE TEAMS SERVICE WILL PERFORM WITHOUT MEET ALL REQUIREMENTS OF CUSTOMER OR ANY END USER, OR THAT THE OPERATION OF THE EVERNOTE SOFTWARE OR EVERNOTE TEAMS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR IMMATERIAL INTERRUPTIONTHAT ALL DEFECTS IN THE EVERNOTE SOFTWARE AND EVERNOTE TEAMS SERVICE WILL BE CORRECTED. YOU AGREE THAT GEOPLIANT HAS FURTHER, EVERNOTE IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM THE MODIFICATION, MISUSE OR DAMAGE OF ANY OF THE EVERNOTE SOFTWARE NOT DELIVERED BY EVERNOTE. EVERNOTE DOES NOT WARRANT AND SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE THIRD PARTY SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREOTHER NON - EVERNOTE PRODUCTS.

Appears in 1 contract

Samples: Evernote Teams Agreement

Disclaimers. ALL SUBMISSIONS, MATERIALS AND ITEMS PROVIDED THROUGH THE LICENSED SOFTWARE IS WEBSITE ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. “AS AVAILABLE,” WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION CONDITIONS OF ANY KIND. BY OPERATING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT REPRESENT OR IMPLY THAT WE ENDORSE ANY SUBMISSIONS OR OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE WILL PERFORM WEBSITE, INCLUDING WITHOUT ERROR LIMITATION, CONTENT HOSTED ON THIRD PARTY WEBSITES, OR IMMATERIAL INTERRUPTIONTHAT WE BELIEVE SUBMISSIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NONHARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SUBMISSIONS OR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE CONTENT, WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE If you have any questions, please contact Xxxxxxx Xxxxxx, Owner & Founder. FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR RELIANCE THEREON USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE, SUBMISSIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO BY THE WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, SUBMISSIONS AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE MATERIALS, (B) PERSONAL INJURY OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR IMPROPER RELIANCE ON ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DATA CONTAINED WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY SUBMISSIONS, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SOFTWAREUSE OF ANY CONTENT, SUBMISSIONS, OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: www.coloradotruckie.com

Disclaimers. THE LICENSED SOFTWARE REPRESENTATIONS AND WARRANTIES IN SECTION 8 ARE THE COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES, AND THE PARTIES HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMTING THE FOREGOING, THE LIBRARY IS PROVIDED "AS IS" ON AN “AS-­‐IS” BASIS, AND GEOPLIANT EXPRESSLY CINESAMPLES DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ; (B) THAT THE LICENSED SOFTWARE USE OF THE LIBRARY OR ASSOCIATED PLAYERS OR SERVICES WILL MEET THE CUSTOMER'S REQUIREMENTSBE TIMELY, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE UNINTERRUPTED OR WORK ERROR-­‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, APPLICATIONSSYSTEM OR DATA; (C) THAT THE LIBRARY, SYSTEMS PLAYERS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE C) THAT ERRORS OR RELIABILITY STANDARDS DEFECTS WILL BE CORRECTED; OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (ID) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR LIBRARY IS FREE OF VIRUSES OR IMMATERIAL INTERRUPTIONOTHER HARMFUL COMPONENTS. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY CINESAMPLES EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION RESPECTING THE WORK INTO WHICH LIBRARY ELEMENTS ARE EMBODIED, ANY THIRD PARTY SOFTWARE; OR ANY VISUAL CONTENT DISPLAYED OR ACCESSED IN CONNECTION WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARELIBRARY.

Appears in 1 contract

Samples: Cinesamples End User License Agreement

Disclaimers. THE LICENSED SOFTWARE IS LIQUID AVATAR REFERRAL REWARDS AGENT PROGRAM, THE LIQUID AVATAR SITE, ANY REFERRAL LINKS, LINK FORMATS, CONTENT, ADVERTISING CONTENT, OUR AND OUR DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE LIQUID AVATAR AND ALL KABN MARKS AND NAMES), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED "OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE LIQUID AVATAR REFERRAL REWARDS AGENT PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES“AS AVAILABLE”. NEITHER WE NOR ANY OF OUR PARENT COMPANIES, WHETHER EXPRESSSUBSIDIARIES, IMPLIEDAFFILIATES OR LICENSORS, STATUTORY NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND REPRESENTATIVES MAKE ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE REPRESENTATION OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, THAT WITH RESPECT TO THE LICENSED SOFTWARE WILL MEET SERVICE OFFERINGS. WE AND OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND LICENSORS, INCLUDEING ALL OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND RESPRESENTATIVES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE CUSTOMER'S REQUIREMENTSSERVICE OFFERINGS, ACHIEVE INCLUDING ANY INTENDED RESULTSIMPLIED WARRANTIES OF TITLE, BE COMPATIBLE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORK WITH NON-INFRINGEMENT AND ANY OTHER SOFTWAREWARRANTIES ARISING OUT OF ANY LAW, APPLICATIONSCUSTOM, SYSTEMS COURSE OF DEALING, PERFORMANCE, OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE MATERIALS)NATURE, OPERATE WITHOUT INTERRUPTIONFEATURES, MEET FUNCTIONS, SCOPE, OR OPERATION OF ANY PERFORMANCE SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR RELIABILITY STANDARDS LICENSORS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT REPRESENTATIVES WARRANT THAT THE SERVICE OFFERINGS WILL PERFORM WITHOUT CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR IMMATERIAL INTERRUPTIONFREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU AGREE THAT GEOPLIANT HAS NO LIABILITY FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR LICENSORS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH RESPECT TO (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED PARTICIPATION IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL LIQUID AVATAR REFERRAL REWARDS AGENT PROGRAM, OR CONSEQUENTIAL OCCURENCES RESULTING FROM (Z) ANY TERMINATION OR SUSPENSION OF YOUR IMPROPER RELIANCE ON THE DATA CONTAINED PARTICIPATION IN THE SOFTWARELIQUID AVATAR REFERRAL REWARDS AGENT PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: liquidavatar.com

Disclaimers. YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE NFT AND ARTWORK, AND ANY ASSOCIATED CONTENT, INCLUDING THE CREATION AND EXPLOITATION OF PRINTS, IS PROVIDED "AT YOUR OWN RISK. EXCEPT AS IS" EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARTIST AND GEOPLIANT EXPRESSLY DISCLAIMS ARSNL, AND EACH OF ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE “ARSNL ENTITIES”) DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREWITHOUT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFTS, ARTWORK, PRINTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICEASSOCIATED CONTENT. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES ARSNL ENTITIES MAKE NO WARRANTY OR UNDERTAKINGREPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFTS, ARTWORK, PRINTS AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY ASSOCIATED CONTENT; (B) THE OPERATION OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK COMPATIBILITY WITH ANY OTHER SOFTWAREAPPLICATION OR ANY PARTICULAR SYSTEM, APPLICATIONSDEVICE, SYSTEMS BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSMARKETPLACE; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.AND

Appears in 1 contract

Samples: ’s Rights Agreement

Disclaimers. THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREV360 GPO DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT AS TO THE LICENSED SOFTWAREPRODUCTS PURCHASED UNDER VENDOR PURCHASE AGREEMENTS. Members shall look solely to the terms, MEDIA AND representations and warranties given by applicable vendor/supplier in the applicable Vendor Purchase Agreement. IN NO EVENT WILL REV360 GPO HAVE ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES ITS PROVISION FOR SERVICES, THE REVOLUTIONEHR SYSTEM AND/OR ANY VENDOR PURCHASE AGREEMENT, WHETHER OR NOT REV360 GPO HAS BEEN ADVISED OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE THE POSSIBILITY OF DEALING, USAGE OR TRADE PRACTICETHESE DAMAGES. WITHOUT LIMITATION TO THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION FAILURE OF THE ESSENTIAL PURPOSE OF ANY KIND, LIMITED REMEDY. IN NO EVENT WILL REV360 GPO HAVE ANY LIABILITY IN CONNECTION WITH MEMBER'S DECISION TO TERMINATE OR CURTAIL PURCHASES UNDER ANY AGREEMENTS OR VENDOR PURCHASE ARRANGEMENTS THAT MAY FROM TIME TO TIME EXIST BETWEEN MEMBER AND SUPPLIERS. THIS APPLIES WHETHER EXPRESS, IMPLIED, STATUTORY THE AGREEMENT OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURCHASING ARRANGEMENT IS EITHER: (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; DIRECTLY BETWEEN THE VENDOR/SUPPLIER AND MEMBER, (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR THROUGH A PURCHASING AGENT OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE GROUP PURCHASING ORGANIZATION, OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE(III) THROUGH A VENDOR PURCHASE AGREEMENT.

Appears in 1 contract

Samples: Gpo Membership Agreement

Disclaimers. NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE IS SUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE APPLICATIONS, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY (INCLUDING THE FILING DATA) AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH APPLICATIONS, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NASAA, ON BEHALF OF ITSELF AND GEOPLIANT EXPRESSLY ITS AGENTS AND SUPPLIERS, HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARESUCH APPLICATIONS, MEDIA AND CONTENT OR SERVICES (OR ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTPART THEREOF), INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NASAA OR ITS AGENTS OR SUPPLIERS KNOW, OR HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), NON-INFRINGEMENT AND WARRANTIES ARISING FROM A WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. SPECIFICALLY, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, DOES NOT WARRANT: (Ia) WE HAVE NO OBLIGATION TO INDEMNIFY THAT SUCH APPLICATIONS, CONTENT OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF INTELLECTUAL PROPERTY RIGHTS; AND ERRORS, (IIb) WE DO NOT WARRANT THAT DEFECTS, ERRORS OR INACCURACIES IN SUCH APPLICATIONS, CONTENT OR SERVICES WILL BE CORRECTED, (c) THAT ANY RESULTS OBTAINED VIA THE USE OF SUCH APPLICATIONS, CONTENT OR SERVICES WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (d) THAT THE SERVICE WILL PERFORM WITHOUT ERROR EFD SYSTEM, THE WEBSITE GENERALLY, OR IMMATERIAL INTERRUPTIONTHE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE JURISDICTION AND STATE USER FURTHER ACKNOWLEDGE THAT GEOPLIANT HAS NO LIABILITY NETWORK OR SERVER PROBLEMS WITH RESPECT THE INTERNET MAY PREVENT THEM FROM ACCESSING OR USING THE EFD SYSTEM AND THE WEBSITE GENERALLY. Limitations on Liability. TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEOPLIANT NASAA, ITS AGENTS OR SUPPLIERS BE LIABLE TO JURISDICTION OR STATE USER (OR TO ANY PERSONS WHOSE CLAIMS ARE BASED ON OR DERIVED FROM RIGHTS CLAIMED BY JURSIDICTION OR STATE USER) FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OCCURENCES RESULTING DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF DATA (INCLUDING FILING DATA), LOSS OF PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING FROM YOUR IMPROPER RELIANCE ON OR RELATED TO THE DATA CONTAINED SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF, OR UNAUTHORIZED ACCESS TO, THEFT OR ALTERATION OF, THE EFD SYSTEM OR THE WEBSITE GENERALLY, INCLUDING THE APPLICATIONS, CONTENT AND SERVICES AVAILABLE THEREON (INCLUDING THE FILING DATA), WHATEVER WAY THEY MAY ARISE, WHETHER IN WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF NASAA OR ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF JURISDICTION OR STATE USER IS DISSATISFIED WITH ANY PORTION OF THE EFD SYSTEM OR WEBSITE GENERALLY, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, ITS/HIS/HER SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 12.

Appears in 1 contract

Samples: www.nasaa.org

Disclaimers. THE LICENSED SOFTWARE IS DIGITAL SERVICES ARE PROVIDED "“AS-IS” AND “AS IS" AVAILABLE” AND GEOPLIANT WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESDISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING THE WARRANTIES OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR UNDERTAKINGERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MAKES NO REPRESENTATION THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY KINDPRODUCTS OR SERVICES. THE COMPANY CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. AS PART OF THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THE COMPANY MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR DIGITAL SERVICES (EXCEPT AS EXPRESSLY SET FORTH INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE MATERIALS)PRICE, OPERATE WITHOUT INTERRUPTIONAVAILABILITY, MEET ANY PERFORMANCE DESCRIPTION OR RELIABILITY STANDARDS CONDITION OF A PRODUCT OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGSERVICE (INCLUDING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), THE COMPANY IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. THE COMPANY ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR YOUR RELIANCE THEREON AND OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO EVENT CIRCUMSTANCES SHALL GEOPLIANT THE COMPANY BE LIABLE RESPONSIBLE FOR INCOMPLETE ANY LOSS OR INACCURATE DATA CONTAINED IN DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SOFTWAREDIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU FURTHER AGREE USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH THE COMPANY OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREYOU.

Appears in 1 contract

Samples: collectorcarcanada.ca

Disclaimers. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION 1) AS TO THE LICENSED SOFTWARE VALIDITY, ENFORCEABILITY OR SCOPE OF ANY OF THE OPTION TECHNOLOGY; 2) OF NONINFRINGEMENT; 3) OF AN OBLIGATION TO FURNISH ANY KNOW-HOW OR ANY SERVICES; 4) THAT A VALID CLAIM WILL ISSUE FROM ANY PENDING CLAIM OF THE OPTION TECHNOLOGY; OR 5) THAT ISURF WILL NOT GRANT LICENSES TO OTHERS TO MAKE, USE OR SELL PRODUCTS NOT INCLUDED IN THE OPTION TECHNOLOGY WHICH MAY BE SIMILAR AND/OR COMPETE WITH PRODUCTS MADE OR SOLD BY COMPANY. THE OPTION TECHNOLOGY IS PROVIDED "AS IS" ; WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. OTHER THAN AS EXPRESSLY STATED IN SECTION 4A, ISURF MAKES NO REPRESENTATIONS AND GEOPLIANT EXTENDS NO WARRANTIES OF ANY KIND WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA REPRESENTATIONS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTWARRANTIES NOT EXPRESSLY STATED IN SECTION 4A, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE AND WARRANTIES ARISING FROM A ANY COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.

Appears in 1 contract

Samples: Sample Isurf Option Agreement

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITES, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITES, THE APP AND THE SMART CONTRACTS ARE PROVIDED "«AS IS" » AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES«AS AVAILABLE» WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT . TO THE LICENSED SOFTWAREFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITES, THE APP AND THE SMART CONTRACTS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO PART OF IT (INCLUDING, WITHOUT LIMITATION, THE CUSTOMER UNDER THIS AGREEMENTSITES, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES S), INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT, USAGE CORRECTNESS, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITES, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITES, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITES, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITES, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITES, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITES, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO OBLIGATION LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO INDEMNIFY OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR DEFEND LIABLE TO YOU AGAINST CLAIMS RELATED TO INFRINGEMENT FOR ANY LOSSES YOU INCUR AS THE RESULT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INACCURATE INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA CONTAINED IN LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE SOFTWAREUSE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM AND/OR POLYGON NETWORK, OR THE METAMASK OR ANY OTHER ELECTRONIC WALLET. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE GAME TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE DATA CONTAINED IN RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE SOFTWAREDECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. WOS GAME LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WOS GAME IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THIS AGREEMENT, TO THE LICENSED SOFTWARE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION SERVICES, PROFESSIONAL SERVICES, THE DOCUMENTATION, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED "BY ZEROFOX ARE PROVIDED “AS IS" ,” AND GEOPLIANT EXPRESSLY ZEROFOX DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREBUT NOT LIMITED TO, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ZEROFOX DOES NOT WARRANT THAT THE APPLICATION SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ZEROFOX WILL MEET ORDERING ACTIVITY’S REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICEUSAGE. WITHOUT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY (1) PERSONAL INJURY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES DEATH RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR

Appears in 1 contract

Samples: Services Agreement

Disclaimers. IT IS AGREED AND ACKNOWLEDGED THAT (I) THE LICENSED SERVICES INCLUDE A COMPLEX COMPUTER SOFTWARE IS THE PERFORMANCE OF WHICH WILL VARY INTER-ALIA DEPENDING ON THE CUSTOMER’S HARDWARE PLATFORM, SOFTWARE INTERACTIONS, NETWORK, THE CONFIGURATION OF THE SOLUTION AND OTHER FACTORS WHICH ARE NOT CONTROLLED BY IVIX AND THAT EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 5.1 ABOVE THE SERVICES AND THE DOCUMENTATION ARE PROVIDED "AS IS" ”, AND GEOPLIANT IVIX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTSTATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYANY WARRANTY CONCERNING USE, QUALITYPERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OR RESULTS OF DEALING, USAGE THE SERVICES,IVIX DOES NOT WARRANT OR TRADE PRACTICE. WITHOUT LIMITATION TO GUARANTEE THAT THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE LICENSED SOFTWARE SERVICES WILL MEET OPERATE ERROR-FREE, THAT CUSTOMER’S USE OF THE CUSTOMER'S REQUIREMENTSSERVICES WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTS, THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S EQUIPMENT OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS SOFTWARE CONFIGURATIONS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH THAT IVIX WILL CORRECT ALL ERRORS IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSSERVICES; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE SERVICES ARE PROVIDED SOLELY AS A DECISION ASSISTING TOOL AND ANY OUTPUT AND IMPLEMENTATION BY CUSTOMER OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT SOLUTION SERVICE MUST BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWAREVALIDATED BY CUSTOMER PRIOR TO THEIR IMPLEMENTATION. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.o

Appears in 1 contract

Samples: Ivix Software License Agreement

Disclaimers. THIS PORTAL, ALL CONTENT HEREON AND THE LICENSED SOFTWARE IS PHR, ARE PROVIDED "AS IS" ,” WITH ALL FAULTS AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESNO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESSED OR IMPLIED INCLUDING, IMPLIEDWITHOUT LIMITATION, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PATICULAR PURPOSE OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTIONINFRINGEMENT. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL RELATED SERVICES, AND THIRD PARTY WEBSITES. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS SITE OR THE SOFTWARE PHR DO NOT CONSTITUTE OR YOUR RELIANCE THEREON IMPLY A RECOMMENDATION OR ENDORSEMENT BY CARECLOUD, UNLESS SPECIFICALLY STATED OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PHYSICIAN OR OTHER HEALTHCARE PROVIDER SHALL CONSITUTE A WARRANTY OF ANY KIND BY CARECLOUD. Limitation of Liability CARECLOUD AND ITS AFFILIATES , SUPPLIERS, THIRD PARTIES MENTIONED IN NO EVENT SHALL GEOPLIANT BE OR LINKED TO THIS PORTAL, ARE NEITHER RESPONSIBLE NOR LIABLE FOR INCOMPLETE ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING TO THE PORTAL, SERVICE OR PRODUCTS RELATED TO THE PORTAL, CONTENT OR INFORMATION CONTAINED WITHIN THE PORTAL AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR IMPROPER RELIANCE ON SOLE REMEDY FOR DISSATISFACTION WITH THE DATA CONTAINED IN PORTAL OR USE THEREOF IS TO STOP USING THE SOFTWAREPORTAL AND OR THE SERVICES THAT YOU DO NOT LIKE. General Provisions Disclaimer on International Use. CareCloud is based in Miami, Florida, in the United States of America. CareCloud makes no claims that this Site and its content, or any site referenced herein, are appropriate or may be downloaded outside of the United States. Access to this Site and the content may not be legal by certain persons or in certain countries. If you access this Site or content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Appears in 1 contract

Samples: User Agreement

Disclaimers. NonyChat PROVIDES THE LICENSED SOFTWARE IS PROVIDED "SERVICE ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT “AS AVAILABLE” BASIS AND TO THE LICENSED SOFTWAREEXTENT PERMITTED BY APPLICABLE LAW, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED GRANTS NO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT OTHERWISE WITH RESPECT TO THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES SERVICE (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSINCLUDING ALL CONTENT CONTAINED THEREIN), OPERATE INCLUDING, WITHOUT INTERRUPTIONLIMITATION, MEET ANY PERFORMANCE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR RELIABILITY STANDARDS NON- INFRINGEMENT. NonyChat DOES NOT REPRESENT OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT (A) THE SERVICE WILL PERFORM WITHOUT BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR IMMATERIAL INTERRUPTIONERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. NonyChat TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE OR SERVICE IS ACCESSED AT YOUR RELIANCE THEREON OWN DISCRETION AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARERISK.

Appears in 1 contract

Samples: www.nonychat.com

Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE LICENSED SOFTWARE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY SERVICES OR CONTENT RELATED THERETO, INCLUDING THIRD- PARTY CONTENT AND SERVICES, AND USER-GENERATED CONTENT, ARE PROVIDED ON AN "AS IS" AND GEOPLIANT EXPRESSLY “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: i. WARRANTIES THAT ANY SCENARIO, RECOMMENDATION, ASSESSMENT OR OTHER WARRANTIESFEATURE OF THE WEBSITE WILL PROVIDE ANYTHING OTHER THAN ILLUSTRATIVE INFORMATION, WHETHER EXPRESSOR PROVIDE ACCURATE, IMPLIEDACTIONABLE INFORMATION ON WHICH YOU CAN UNCONDITIONALLY RELY IN THE PRACTICE OF MEDICINE OR IN ANY OTHER CIRCUMSTANCE; ii. WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; iii. WARRANTIES CONCERNING THE AVAILABILITY, STATUTORY ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR OTHERWISEINFORMATIONAL CONTENT OF THE WEBSITE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTOR CONTENT RELATED THERETO, INCLUDING ALL IMPLIED THIRD-PARTY CONTENT AND SERVICES, AND USER-GENERATED CONTENT iv. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.;

Appears in 1 contract

Samples: Binding Agreement

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES"AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT . TO THE LICENSED SOFTWAREFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO PART OF IT (INCLUDING, WITHOUT LIMITATION, THE CUSTOMER UNDER THIS AGREEMENTSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALINGINFRINGEMENT, USAGE CORRECTNESS, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREERELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO OBLIGATION LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO INDEMNIFY OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR DEFEND LIABLE TO YOU AGAINST CLAIMS RELATED TO INFRINGEMENT FOR ANY LOSSES YOU INCUR AS THE RESULT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE EOS NETWORK OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE THE METAL MASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;

Appears in 1 contract

Samples: files.cryptoswordandmagic.com

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE IS SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED "AS AVAILABLE" WITHOUT WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMPLIEDWE, STATUTORY OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS OR OTHERWISEIMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), AND TO THE EXTENT PERMITTED BY LAW, THE PARTIES REJECT ALL WARRANTIES AND TERMS IMPLIED UNDER SINGAPORE LAW AND ALL OTHER APPLICABLE JURISDICTIONS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, QUALITY, OR FITNESS. THE PARTIES AGREE THAT THE LICENSED SOFTWARE WILL MEET UNITED NATIONS CONVENTION ON CONTRACTS FOR THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEINTERNATIONAL SALE OF GOODS DOES NOT APPLY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; WE, OUR SUBSIDIARIES, AFFILIATES, AND (II) WE LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. TO YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.THAT:

Appears in 1 contract

Samples: Terms of Use

Disclaimers. THE LICENSED SOFTWARE IS APPLICATION AND ALL CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, ARE PROVIDED "ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISEARE DISCLAIMED, WITH RESPECT TO THE LICENSED SOFTWAREINCLUDING, MEDIA AND BUT NOT LIMITED TO, ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES OF THIRD-PARTY RIGHTS OR ARISING FROM A OUT OF COURSE OF DEALING, USAGE CONDUCT OR TRADE PRACTICECUSTOM OR USAGE. WITHOUT LIMITATION IN ADDITION, WE DISCLAIM (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE FOREGOING, GEOPLIANT PROVIDES APPLICATION OR CIRCUMSTANCES OVER WHICH RIPL HAS NO WARRANTY OR UNDERTAKING, CONTROL. YOU UNDERSTAND AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AGREE THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OPERATION OF THE FOREGOINGAPPLICATION MAY INVOLVE BUGS, (I) ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO OBLIGATION TO INDEMNIFY LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION OR DEFEND USE OF ANY INFORMATION OR CONTENT ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) FROM RIPL THROUGH THE APPLICATION CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE. WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR FUNCTIONS, FEATURES OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTENT CONTAINED IN THE SOFTWAREAPPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE ARE NOT RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT THAT IS LINKED TO FROM THE APPLICATION. THE APPLICATION AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. Your downloading, installation and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the downloading, installation or use of the Application.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. For purposes of these Terms and Conditions, “Released Parties” mean NIM and its parents, subsidiaries, affiliates and related entities, and our and their respective officers, directors, managers, members, shareholders, employees, agents, licensors, successors and assigns. We make no representation about accuracy, reliability, completeness, or timeless of any content of the website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party goods or services obtained through the website. We make no promises and disclaim all liability of specific results from the use of the website. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED "ON AN “AS IS" AND GEOPLIANT “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR OTHERWISESERVICES LISTED ON OR AVAILABLE THROUGH THE WEBSITE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND OR ANY OTHER IMPLIED WARRANTIES ARISING FROM A OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND (B) ANY MATERIAL DOWNLOADED OR TRADE PRACTICEOTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. THE RELEASED PARTIES MAKE NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH THE RELEASED PARTIES EXPRESSLY DISCLAIM: • THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS; • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; • THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS; • ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR • ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE WEBSITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KINDPRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY MADE BY NIM OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF NIM. No claim for damages for goods that do not conform to specifications will be allowed unless NIM is given immediate notice after delivery of goods to the first destination to which they are shipped and allowed an opportunity to inspect them. Products for which damages are claimed require NIM’s written consent before being returned, repaired or discarded. YOUR EXCLUSIVE REMEDY AND NIM’S SOLE LIABILITY SHALL BE LIMITED TO NIM REPLACING GOODS THAT DO NOT CONFORM TO SPECIFICATIONS, OR AT NIM’S OPTION TO REFUND THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY PURCHASE PRICE OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTIONGOODS. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREThe exact cost of back charges must be approved by NIM before the work is done.

Appears in 1 contract

Samples: portal.norfolkiron.com

Disclaimers. NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE IS SUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE EFD SYSTEM, THE WEBSITE GENERALLY OR THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED HEREIN), THE EFD SYSTEM, THE WEBSITE GENERALLY, AND ALL SUCH APPLICATIONS, DATA, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWAREEFD SYSTEM, MEDIA THE WEBSITE GENERALLY AND THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY (OR ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENTPART THEREOF), INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NASAA OR ITS AGENTS OR SUPPLIERS KNOW, OR HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) OR WARRANTIES AS TO THE AVAILABILTY OF AN EXEMPTION FROM SECURITIES REGISTRATION REQUIREMENTS UNDER APPLICABLE LAW (AS DEFINED HEREIN), NON-INFRINGEMENT AND IN ALL CASES, WHETHER SUCH WARRANTIES ARISING FROM A ARE ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. SPECIFICALLY, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, DOES NOT REPRESENT OR WARRANT: (Ii) WE HAVE NO OBLIGATION TO INDEMNIFY THE EFD SYSTEM, THE WEBSITE GENERALLY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY WILL BE UNINTERRUPTED, SECURE OR FREE OF INTELLECTUAL PROPERTY RIGHTS; ERRORS, (ii) THAT DEFECTS, ERRORS OR INACCURACIES IN THE EFD SYSTEM, THE WEBSITE GENERALLY OR THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY WILL BE CORRECTED, (IIiii) WE DO NOT WARRANT THAT ANY RESULTS OBTAINED VIA THE USE OF THE EFD SYSTEM, THE WEBSITE GENERALLY, OR THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (iv) THAT THE SERVICE WILL PERFORM EFD SYSTEM, THE WEBSITE GENERALLY, OR THE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, BUT WITHOUT ERROR LIMITING THE GENERALITY OF THE FOREGOING, NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WARRANTIES WITH RESPECT TO YOUR USE THE ACCURACY, DEPENDABILITY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE SOFTWARE INTERNET, AND UNDER NO CIRCUMSTANCES WILL NASAA OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT ITS AGENTS OR SUPPLIERS BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES ANY LIABILITIES (AS DEFINED HEREIN) RESULTING FROM YOUR IMPROPER RELIANCE ON ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH, THE DATA CONTAINED IN INTERENT OR FILER USER’S SERVERS. FILER USER ACKNOWLEDGES THAT NETWORK OR SERVER PROBLEMS WITH THE SOFTWAREINTERNET MAY PREVENT HIM/HER FROM ACCESSING OR USING THE EFD SYSTEM AND THE WEBSITE GENERALLY.

Appears in 1 contract

Samples: Nasaa Electronic Filing Depository

Disclaimers. THE LICENSED SOFTWARE IS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN OR UNDER THIS MASTER SERVICES AGREEMENT, ALL SERVICES PROVIDED "HEREUNDER ARE PROVIDED “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL “AS AVAILABLE”, AND NEITHER NEUSTAR NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS MAKE ANY WARRANTIES TO CUSTOMER OR TO ANY OTHER WARRANTIESTHIRD PARTY INCLUDING, WITHOUT LIMITATION, ITS OWN CUSTOMERS AND END USER, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREBY WAY OF EXAMPLE AND NOT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE NONINFRINGEMENT RELATING TO ANYTHING PROVIDED OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY USED OR UNDERTAKINGDESCRIBED HEREUNDER, AND MAKES NO REPRESENTATION OF ANY KINDSERVICES, WHETHER EXPRESSEQUIPMENT, IMPLIEDMATERIAL, STATUTORY GOODS, REAL ESTATE OR OTHERWISEOTHER TANGIBLE OR INTANGIBLE ASSET THAT IS CONVEYED, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTSHYPOTHECATED, ACHIEVE LEASED, SOLD, OR OTHERWISE PROVIDED TO CUSTOMER IN ANY INTENDED RESULTSMANNER, BE COMPATIBLE OR WORK WITH AS TO ANY OTHER SOFTWAREMATTER, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; EXCLUDED AND (II) WE DO NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREDISCLAIMED.

Appears in 1 contract

Samples: Oss Master Services Agreement (Vonage Holdings Corp)

Disclaimers. YOUR ACCESS TO AND USE OF THE LICENSED SOFTWARE NFT AND ARTWORK, AND ANY ASSOCIATED CONTENT, INCLUDING THE CREATION AND EXPLOITATION OF MODELS OR DERIVATIVES, IS PROVIDED "AT YOUR OWN RISK. EXCEPT AS IS" EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ARTIST AND GEOPLIANT EXPRESSLY DISCLAIMS ARSNL, AND EACH OF ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE “ARSNL ENTITIES”) DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREWITHOUT LIMITATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFTS, ARTWORK, MODELS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICEASSOCIATED CONTENT. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES ARSNL ENTITIES MAKE NO WARRANTY OR UNDERTAKINGREPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFTS, ARTWORK, MODELS AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY ASSOCIATED CONTENT; (B) THE OPERATION OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK COMPATIBILITY WITH ANY OTHER SOFTWAREAPPLICATION OR ANY PARTICULAR SYSTEM, APPLICATIONSDEVICE, SYSTEMS BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSMARKETPLACE; AND (IIC) WE DO NOT WARRANT THAT WHETHER THE SERVICE NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT WILL PERFORM WITHOUT ERROR MEET YOUR REQUIREMENTS OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO YOUR USE OF STORE OR TRANSMIT THE SOFTWARE OR YOUR RELIANCE THEREON NFTS, ARTWORK AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWAREASSOCIATED CONTENT.

Appears in 1 contract

Samples: ’s Rights Agreement

Disclaimers. POP PROVIDES THE LICENSED SOFTWARE IS PROVIDED "SERVICE ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT “AS AVAILABLE” BASIS AND TO THE LICENSED SOFTWAREEXTENT PERMITTED BY APPLICABLE LAW, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED GRANTS NO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT OTHERWISE WITH RESPECT TO THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES SERVICE (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALSINCLUDING ALL CONTENT CONTAINED THEREIN), OPERATE INCLUDING, WITHOUT INTERRUPTIONLIMITATION, MEET ANY PERFORMANCE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR RELIABILITY STANDARDS NON-INFRINGEMENT. POP DOES NOT REPRESENT OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT (A) THE SERVICE WILL PERFORM WITHOUT BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR IMMATERIAL INTERRUPTIONERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. XXX TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. POP DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE ANY OTHER USER, ON OR INACCURATE DATA CONTAINED IN OFF THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARESERVICE.

Appears in 1 contract

Samples: www.popsocial.app

Disclaimers. No Warranties THE LICENSED SOFTWARE IS SERVICES AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESON AN “AS AVAILABLE” BASIS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGCONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GLOBAL EAGLE ENTITIES DISCLAIM, AND MAKES NO REPRESENTATION YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, THAT RELATING TO THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTSSERVICES, ACHIEVE INCLUDING: (A) ANY INTENDED RESULTSIMPLIED WARRANTY OF MERCHANTABILITY, BE COMPATIBLE FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR WORK WITH NON-INFRINGEMENT; (B) ANY OTHER SOFTWAREWARRANTY ARISING OUT OF COURSE OF DEALING, APPLICATIONSUSAGE, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSTRADE; AND (IIC) WE ANY WARRANTY AS TO WHETHER THE COMMUNICATIONS DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES IS TRUE, COMPLETE OR ACCURATE. THE GLOBAL EAGLE ENTITIES DO NOT WARRANT THAT THE SERVICE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL PERFORM WITHOUT ERROR BE UNINTERRUPTED, SECURE, OR IMMATERIAL INTERRUPTIONFREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GLOBAL EAGLE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE GLOBAL EAGLE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SOFTWARE SERVICES, YOUR DEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN CONTENT AVAILABLE THROUGH THE SOFTWARESERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR CONSEQUENTIAL OCCURENCES RESULTING MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM YOUR IMPROPER RELIANCE ON THE DATA CONTAINED USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN THE SOFTWAREPARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us. When you access these third-party sites, you do so at your own risk. THE LICENSED SOFTWARE IS INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, WITH RESPECT TO THE LICENSED SOFTWAREBUT NOT LIMITED TO, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE SERVICE SITE OR ANY OF ITS FUNCTIONS WILL PERFORM WITHOUT BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR IMMATERIAL THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR , DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE SOFTWARE DEFAMATORY, OFFENSIVE OR YOUR RELIANCE THEREON ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS AND IN THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO EVENT SHALL GEOPLIANT CIRCUMSTANCES WILL WE BE LIABLE FOR INCOMPLETE ANY LOSS OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE DATA CONTAINED IN THE SOFTWARESITE. You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

Appears in 1 contract

Samples: www.erba911.org

Disclaimers. YOU USE THE LICENSED ONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE IS PROVIDED "AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING THE ONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE ON AN “AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER ” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKINGINFRINGEMENT, AND MAKES NO REPRESENTATION OF ANY KINDFREE FROM COMPUTER VIRUS, WHETHER EXPRESS, IMPLIED, STATUTORY HACKER OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEHARMFUL CODE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE SERVICE WILL PERFORM WITHOUT ERROR FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR IMMATERIAL INTERRUPTIONINFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY RELEASE AND HOLD Q-XXXX, Q-XXXX FRANCHISEE, Q-XXXX CENTRES, Q-XXXX SUBSIDIARIES, AFFILIATES, AND Q-XXXX AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ONLINE LEARNING PROGRAMME PARTIES”) HARMLESS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH RESPECT TO YOUR USE OF ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES WITH THE SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE ONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE. YOU FURTHER AGREE WAIVE ANY RIGHTS YOU MAY HAVE UNDER ALL LOCAL AND INTERNALTIONAL LAW, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE DATA CONTAINED IN TIME OF EXECUTING THE SOFTWARERELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: End User Licensed Agreement

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