Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. ALL SUBMISSIONS, MATERIALS AND ITEMS PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS" BASIS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE WEBSITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY SUBMISSIONS OR OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT 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 (INCLUDING ALL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE CONTENT CONTENT, WEBSITE AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS WILL BE AT YOUR OWN SOLE RISK. TO THE MAXIMUM If you have any questions, please contact ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Owner & Founder. FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL REPRESENTATIONSWARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR CONDITIONSREPRESENTATIONS ABOUT THE ACCURACY, EITHER EXPRESS RELIABILITY, TIMELINESS OR IMPLIEDCOMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDINGTHE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE, BUT NOT LIMITED TOSUBMISSIONS, IMPLIED WARRANTIES INFORMATION OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES ANY OTHER ITEMS OR GUARANTEES THAT MATERIALS ON THE WEBSITE WILL BE FREE FROM LOSSOR LINKED TO BY THE WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, DESTRUCTIONMISTAKES OR INACCURACIES OF CONTENT, SUBMISSIONS AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, CORRUPTIONOF ANY NATURE WHATSOEVER, ATTACKRESULTING FROM YOUR 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 WEBSITE, (E) ANY BUGS, VIRUSES, INTERFERENCE, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSIONTHE 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 SKYNET LABS DISCLAIMS MATERIALS OR FOR ANY LIABILITY RELATING THERETO. WARRANTIES LOSS OR GUARANTEES THAT THE USE OR THE RESULTS DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEANY CONTENT, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSUBMISSIONS, OR DISCONTINUE ANY ASPECT MATERIALS POSTED, TRANSMITTED, OR FEATURE OF OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPENDSOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR DISCONTINUE THE WEBSITEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, IT WILL THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE LIABLE APPLY TO YOU OR ANY THIRD PARTYYOU.
Appears in 1 contract
Sources: Terms of Use Agreement
Disclaimers. AS IS" 24.1 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE WEBSITE (INCLUDING ALL YOU AGREE THAT YOUR USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS WILL BE AT YOUR OWN SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS WE DISCLAIM ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NON-INFRINGEMENT.
24.2 WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT REPRESENTATIONS ABOUT THE WEBSITE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL BE FREE FROM LOSSASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, DESTRUCTIONMISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, CORRUPTIONOF ANY NATURE WHATSOEVER, ATTACKRESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, INTERFERENCE, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSIONTHE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND SKYNET LABS DISCLAIMS MATERIALS OR FOR ANY LIABILITY RELATING THERETO. WARRANTIES LOSS OR GUARANTEES THAT THE USE OR THE RESULTS DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
24.3 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE (INCLUDING ALL OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ITS CONTENT PRODUCTS OR SERVICES) ARE . AS WITH THE PURCHASE OF A PRODUCT OR WILL BE ACCURATESERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, RELIABLEYOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24.4 WHILE WE USE ALL REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN OUR PLATFORMS, CURRENTSKY DOES NOT WARRANT AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY AS TO THE ACCURACY, UNINTERRUPTED RELIABILITY, TIMELINESS, OF THE CONTENT INCLUDING, IN PARTICULAR, THE USE OF ANY REPRESENTATIONS AND IMAGES. SKY ASSUMES NO LIABILITY OR WITHOUT RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR COMPLEMENTESS OF THE INFORMATION PROVIDED IN THE CONTENT OF OUR ONLINE PLATFORMS. INFORMATION PROVIDED IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND.
24.5 OUR PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND AND WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED IN OUR PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR DISCONTINUE ANY ASPECT FREE FROM COMPUTER VIRUSES OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPENDOTHER HARMFUL COMPONENTS, OR DISCONTINUE UNAUTHORISED SOFTWARE, OR THAT ANY DEFECTS WILL BE CORRECTED.
24.6 OUR PLATFORMS MAY CONTAIN LINKS TO OTHER WEBSITES AND PAGES WHICH ARE NOT CONTROLLED, MAINTAINED OR ENDORSED BY SKY INCLUDING BUT NOT LIMITED TO THE WEBSITEONLINE BOOKING, IT WILL RESERVATIONS APPLICATIONS, TOOLS OR FACILITIES MAINTAINED BY THIRD PARTY SERVICE PROVIDERS. BY CLICKING ON OR ACTIVATING SUCH LINKS, YOU ACKNOWLEDGE THAT SKY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ACTIVITIES ON THE THIRD-PARTY WEBSITES, TOOLS, APPLICATIONS OF OTHER OFFERINGS OR SERVICES AND IS NOT LIABLE IN ANY WAY WHATSOEVER TO YOU. ▇▇▇ DOES NOT REPRESENT OR EXERCISE CONTROL OVER SUCH THIRD-PARTY, AND SUCH THIRD-PARTY IS NEITHER AN AGENT OR SERVANT OF SKY. ANY DATA OR ANY INFORMATION WHICH YOU GIVE TO ANY OTHER ENTITY AFTER LEAVING OUR PLATFORMS IS ENTIRELY AT YOUR OWN RISK. SKY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS ARISING FROM YOUR ACCESS, USE OR OTHER ACTIONS INCLUDING BY REASON ONLY OF HYPERLINKING TO SUCH OTHER WEBSITES. ALL HYPERLINKS TO SUCH OTHER WEBSITES ARE PROVIDED AS A CONVENIENCE TO YOU, AND SKY AND ITS AFFILIATES ARE NOT ASSOCIATED OR AFFILIATED UNLESS EXPRESSLY STATED TO BE SO, IN ANY MANNER WITH ANY TRADE OR SERVICE MARKS, LOGOS, INSIGNIA, OTHER INTELLECTUAL PROPERTY RIGHTS OR DEVICES WHICH APPEAR ON SUCH OTHER WEBSITES.
24.7 NO DATA TRANSMISSIONS OVER THE INTERNET OR VIA WIRELESS NETWORKS CAN BE GUARANTEED TO BE SECURE. CONSEQUENTLY, SKY CANNOT AND DOES NOT ENSURE OR WARRANT THE SECURITY, AUTHENTICITY, INTEGRITY OR CONFIDENTIALITY OF ANY INFORMATION AND/OR COMMUNICATION YOU OR ANY THIRD PARTYTRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL YOUR ACCESS TO AND USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE SERVICE IS AT YOUR OWN RISK. TO YOU UNDERSTAND AND AGREE THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND bePay EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, SKYNET LABS EITHER EXPRESS OR IMPLIED. bePay (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. bePay DISCLAIMS ALL REPRESENTATIONS, OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSbePay WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, WARRANTIES OR GUARANTEES THAT CONTAINED ON THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, SERVICE. WHILE bePay ATTEMPTS TO MAKE YOUR ACCESS TO AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS SERVICE SAFE, bePay CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDASSOCIATED WITH ANY NFTS, OR DISCONTINUE ANY ASPECT NFTS YOU INTERACT WITH USING OUR SERVICE OR FEATURE OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE WEBSITE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR YOUR USE INFORMATION, WHETHER ORAL OR OBTAINED FROM THE bePay PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF THIS WEBSITEPROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD bePay RESPONSIBLE FOR ANY BREACH OF SECURITY. IF SKYNET LABS ELECTS WE WILL NOT BE RESPONSIBLE OR LIABLE TO MODIFYYOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, SUSPEND, OR DISCONTINUE THE WEBSITE, IT AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). bePay AND/OR ANY THIRD PARTYOTHER bePay PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. NO bePay PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO bePay PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Appears in 1 contract
Sources: NFT Terms and License
Disclaimers. AS IS" BASIS. A. NO WARRANTIES THE WEBSITE (INCLUDING ALL OF SITE, THE CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "ON AN “AS IS." ” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKKIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PERMISSIBLE UNDER LAW, SKYNET LABS DESCHOOL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, NON‑INFRINGEMENT OF PROPRIETARY RIGHTS, AND NONINFRINGEMENTIMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES DESCHOOL DOES NOT WARRANT THAT THE WEBSITE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM LOSSOF VIRUSES OR OTHER HARMFUL COMPONENTS. DESCHOOL DOES NOT WARRANT THE ACCURACY, DESTRUCTIONCOMPLETENESS OR CORRECTNESS, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGTIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOINFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR IN NO EVENT WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT DESCHOOL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY THIRD PARTYDECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
B. LINKED SITES DESCHOOL shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk and DESCHOOL is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. DESCHOOL provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by DESCHOOL.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. a. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SOCIAL TABLES PLATFORM IS PROVIDED “AS IS" BASIS,” AND NEITHER SOCIAL TABLES NOR ANY OF ITS PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY, CONDITION OR GUARANTEE WITH RESPECT TO THE SOCIAL TABLES PLATFORM OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOCIAL TABLES PLATFORM, UNDER THIS AGREEMENT OR OTHERWISE. THE WEBSITE (INCLUDING ALL PURCHASE OF ACCESS TO AND USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE SOCIAL TABLES PLATFORM IS MADE WITH KNOWLEDGE OF THIS WEBSITE IS AT YOUR OWN RISKWARRANTY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS SOCIAL TABLES EXPRESSLY DISCLAIMS ALL REPRESENTATIONSOTHER WARRANTIES, WARRANTIES CONDITIONS OR CONDITIONSGUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE NONINFRINGEMENT, SATISFACTORY QUALITY, DURABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. SOCIAL TABLES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SOCIAL TABLES PLATFORM.
b. WITHOUT PREJUDICE TO OR LIMITING OF SOCIAL TABLES’ RIGHT TO RECEIVE PAYMENT FOR ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM, TITLE SOCIAL TABLES’ ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS BASED ON NEGLIGENCE) ARISING OUT OF THIS AGREEMENT AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSALL OTHERS BETWEEN CUSTOMER AND SOCIAL TABLES, WARRANTIES AND THE PROVISION BY SOCIAL TABLES OF FACILITIES, TRANSMISSION, DATA, SOCIAL TABLES PLATFORM OR GUARANTEES EQUIPMENT INCLUDING, BUT NOT LIMITED TO, DAMAGE TO REAL/PERSONAL PROPERTY, SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) TEN THOUSAND DOLLARS ($10,000.00), OR (ii) THE FEES PAID TO SOCIAL TABLES HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED; PROVIDED, HOWEVER, THAT THE WEBSITE WILL FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY LIABILITY WHICH MAY NOT BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGEXCLUDED OR LIMITED UNDER APPLICABLE LAW.
c. CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS THAT ARE SEPARATELY OWNED AND NOT SUBJECT TO SOCIAL TABLES’ CONTROL. CUSTOMER AGREES THAT SOCIAL TABLES SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SOCIAL TABLES PLATFORM IS TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR OTHER CESSATION OF, INTERNET SERVICES BY NETWORK(S) OR INTERNET SERVICE PROVIDERS NOT SUBJECT TO SOCIAL TABLES’ CONTROL, OR FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY INTRUSIONOF CUSTOMER INFORMATION CARRIED ON SUCH NETWORKS OR INTERNET SERVICE PROVIDERS OR AS A RESULT OF THE DISCONNECTION FROM OR UNAVAILABILITY OF ANY NETWORK.
d. CUSTOMER ACKNOWLEDGES THAT THE SOCIAL TABLES PLATFORM RELIES ON BLUEPRINTS THAT ARE PROVIDED BY CUSTOMER OR THAT MAY BE CREATED BY SOCIAL TABLES, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE SOCIAL TABLES PLATFORM MATHEMATICALLY EXTRAPOLATES DATA DETERMINED FROM SUCH BLUEPRINTS, AND UNDERSTANDS THAT SUCH BLUEPRINTS AND DATA MAY CONTAIN ERRORS OR INACCURACIES, AND THAT SUCH DATA WHEN USED BY THE RESULTS SOCIAL TABLES PLATFORM MAY PERMIT CONFIGURATIONS THAT VIOLATE THE LAWS, RULES OR REGULATIONS OF THE JURISDICTION IN WHICH THE FACILITY REPRESENTED IN SUCH BLUEPRINT IS LOCATED (WHETHER BY OVERRIDE BY CUSTOMER OR BY FUNCTION OF THE SOCIAL TABLES PLATFORM). CONSEQUENTLY, CUSTOMER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ENSURING THAT THE PLANS GENERATED BY THE SOCIAL TABLES PLATFORM ARE SUITABLE FOR THE CONTEMPLATED EVENT AND WILL IN PRACTICE ACTUALLY PERMIT THE USE OF THE WEBSITE SPACE CONTEMPLATED IN SUCH PLAN AND THAT SUCH PLAN COMPLIES WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE IN THE LOCAL JURISDICTION FOR WHICH THE PLAN HAS BEEN CREATED.
e. NEITHER SOCIAL TABLES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING ALL OF ITS CONTENT SUSPENDING OR SERVICESDISCONTINUING SOCIAL TABLES PLATFORM) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF SUPPORTING THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT SOCIAL TABLES PLATFORM SHALL BE LIABLE TO YOU CUSTOMER, ANY REPRESENTATIVE, OR ANY THIRD PARTYPARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOCIAL TABLES PLATFORM OR INABILITY TO USE THE SOCIAL TABLES PLATFORM, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY OR OTHER RIGHTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
Appears in 1 contract
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND BICPL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY , INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES W ARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYMERCHANT ABILITY , FITNESS FOR A PARTICULAR P AR TICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT , ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. BICPL DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. BICPL DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. BICPL IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. NOTHING IN THIS LEASE OR ANY OTHER AGREEMENT, CONDUCT OR ACTION OF THE PARTIES WILL BE CONSTRUED TO LIMIT LANDLORD'S RIGHT TO MERGE WITH OR INTO ANY PARENT, AFFILIATED OR OTHER ENTITY OR TO LIMIT THE TRADE NAME(S), STYLE OF OPERATION OR OTHER ASPECTS OF LANDLORD'S BUSINESS OPERATIONS. WHETHER OR NOT LANDLORD MAY CONTINUE TO OPERATE A BUILDING AS IS" A ▇▇▇▇ ▇▇▇▇▇ RETAIL STORE IS A DECISION THAT THE SENIOR MANAGEMENT OF LANDLORD (AND OF LANDLORD'S CORPORATE PARENT(S)) MAY MAKE IN THE FUTURE ON A STORE-BY-STORE BASIS. THE WEBSITE (INCLUDING ALL NOTHING IN THIS LEASE OR ANY OTHER AGREEMENT, CONDUCT OR ACTION OF THE CONTENT PARTIES WILL BE DEEMED TO REQUIRE LANDLORD TO CONTINUE TO OPERATE A BUILDING AS A ▇▇▇▇ ▇▇▇▇▇ RETAIL STORE. FURTHERMORE, LANDLORD (OR ITS CORPORATE PARENT(S)) MAY FROM TIME TO TIME DECIDE TO SHUT DOWN THE ▇▇▇▇ ▇▇▇▇▇ RETAIL STORE OR CHANGE ITS FORMAT, TRADE NAME AND/OR STYLE OF OPERATION TO THAT OF A NON-▇▇▇▇ ▇▇▇▇▇ RETAIL FACILITY, IN WHICH CASE SUCH SHUT DOWN OR CHANGE WILL BE TREATED AS IF IT WERE A STORE CLOSURE UNDER PARAGRAPH 5 ABOVE, AND SERVICES AVAILABLE LANDLORD AND TENANT WILL HAVE THE RIGHT TO TERMINATE THE LEASE OF THE PROPERTY AT SUCH DEVELOPMENT AS IS INVOLVED IN THE SHUT DOWN OR CHANGE, ON THE WEBSITE) ARE SAME BASIS AND AFTER NOTICE AS IS PROVIDED TO YOU "IN PARAGRAPH 5 ABOVE. NOTHING IN THIS LEASE OR ANY OTHER AGREEMENT, CONDUCT OR ACTION OF THE PARTIES WILL BE CONSTRUED AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER AN EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
Appears in 1 contract
Disclaimers. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL ”, WITHOUT WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, IMPLIED SEV EXPLICITLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE QUIET ENJOYMENT OR NON-INFRINGEMENT, AND NONINFRINGEMENTANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKYNET LABS SEV MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE WILL BE FREE FROM LOSSSITE, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICES, OR OTHER SECURITY INTRUSIONCOLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, AND SKYNET LABS DISCLAIMS SECURE, OR ERROR-FREE BASIS. SEV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LIABILITY RELATING THERETO. WARRANTIES PRODUCTS, SERVICES OR GUARANTEES THAT COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE USE SITE OR SERVICES OR THE RESULTS ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEV OR THROUGH THE SITE, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SITE OR SERVICES) ARE . YOU UNDERSTAND THAT SEV DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE INQUIRY INTO THE BACKGROUND OF ANY ASPECT OR FEATURE USERS OF THE WEBSITE SITE OR YOUR USE SERVICES, NOR DOES SEV VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF THIS WEBSITEUSERS OF THE SITE OR SERVICES. IF SKYNET LABS ELECTS SEV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO MODIFY, SUSPEND, THE CONDUCT OF USERS OF THE SITE OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSERVICES.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. 6.1. WE PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR SERVICES “AS IS" BASIS” AND “AS AVAILABLE,” WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT GUARANTEED TO RESULT IN ANY DELIVERY REQUESTS. THE WEBSITE (WE DO NOT WARRANT THAT OUR PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING ALL OF THE CONTENT BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR ACCESS TO OUR PLATFORM.
6.2. WE PROVIDE LEAD GENERATION AND RELATED SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWONLY, SKYNET LABS DISCLAIMS ALL AND MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONSGUARANTEES AS TO THE ACTIONS OR INACTIONS OF DEALERSHIPS WHO MAY REQUEST OR ACTUALLY RECEIVE DELIVERIES FROM YOU. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, SUCH AS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSACCURACY, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSSAVAILABILITY, DESTRUCTIONSAFETY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONSECURITY, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETONON-INFRINGEMENT. WE EXCLUDE ALL WARRANTIES OR GUARANTEES THAT TO THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITEEXTENT THOSE REGULATIONS ALLOW.
6.3. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO A DISPUTE ARISES BETWEEN YOU AND A DEALERSHIP OR ANY THIRD OTHER THIRD-PARTY, YOU RELEASE US FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND
6.4. WE MAY USE ALGORITHMS IN AN ATTEMPT TO FACILITATE DELIVERIES AND IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF OUR PLATFORM; ANY SUCH USE DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
Appears in 1 contract
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND NEWOCOIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. NEWOCOIN DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. NEWOCOIN DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. NEWOCOIN IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. 13.1. THE SITE AND SERVICE ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. FAULTS” AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS WITHOUT WARRANTY OF ANY KIND. FIRM AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONSWARRANTIES WITH RESPECT TO THE SITE AND SERVICE, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSTITLE, AND ANY WARRANTIES OR GUARANTEES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICE.FIRM DOES NOT WARRANT THAT THE WEBSITE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICE WILL BE FREE FROM LOSSUNINTERRUPTED OR ERROR-FREE, DESTRUCTIONOR THAT DEFECTS IN THE SITE AND SERVICE WILL BE CORRECTED, DAMAGEOR THAT ENCRYPTION ALGORITHMS, CORRUPTION, ATTACK, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.
13.2. YOU ACKNOWLEDGE AND AGREE THAT FIRM DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, INTERFERENCEWORMS, HACKINGTROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSOFTWARE, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYDATA, SUSPENDWEBSITES, COMPUTERS, OR DISCONTINUE THE WEBSITE, IT WILL NETWORKS. FIRM SHALL NOT BE LIABLE TO RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIRM OR THROUGH THE SITE OR SERVICE WILL CREATE ANY THIRD PARTYWARRANTY NOT EXPRESSLY MADE HEREIN.
Appears in 1 contract
Sources: Expert Terms and Conditions
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY RA AGREES THAT RA’S USE OF THIS WEBSITE VERISIGN’S SERVICE(S) IS SOLELY AT YOUR RA’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWRA AGRE9ES THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, SKYNET LABS DISCLAIMS EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. OTHER THAN AS SET FORTH IN SECTION 13.1, VERISIGN AND MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD EXPRESSLY (I) DISCLAIM ALL REPRESENTATIONS, WARRANTIES WARRANTIES, GUARANTEES, TERMS OR CONDITIONSCONDITIONS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS TO THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SATISFACTORY QUALITY AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW; (II) DO NOT MAKE ANY REPRESENTATION, WARRANTIES WARRANTY, GUARANTEE, TERM OR GUARANTEES CONDITION THAT THE WEBSITE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGESECURE OR ERROR FREE; AND (III) DO NOT MAKE ANY REPRESENTATION, CORRUPTIONWARRANTY, ATTACKGUARANTEE, VIRUSES, INTERFERENCE, HACKING, TERM OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE (INCLUDING ALL SERVICE OR TO THE ACCURACY OR RELIABILITY OF ITS CONTENT ANY INFORMATION OBTAINED THROUGH THE SERVICE. RA UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR SERVICES) ARE DATA DOWNLOADED OR WILL BE ACCURATEOTHERWISE OBTAINED THROUGH THE USE OF VERISIGN’S SERVICES IS DONE AT RA’S OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, RELIABLEWARRANTIES, CURRENTGUARANTEES, UNINTERRUPTED TERMS OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECONDITIONS, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE SOME OF THE WEBSITE ABOVE EXCLUSIONS MAY NOT APPLY TO RA. VERISIGN AND MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY SERVICES PURCHASED BY RA FROM A THIRD PARTY. RA BEARS EXCLUSIVE RESPONSIBILITY, TO ANY AND ALL PERSONS, FOR THE VALIDATION OF ALL APPLICATIONS THAT RA APPROVES, DETERMINATION OF WHETHER A CERTIFICATE APPLICANT IS ELIGIBLE TO OBTAIN AND USE A CERTIFICATE IN ACCORDANCE WITH THE APPLICABLE SUBSCRIBER AGREEMENT, AND CONDUCT OF RAAs AND CERTIFICATE APPLICANTS RECEIVING CERTIFICATES HEREUNDER. VERISIGN AND MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD DISCLAIM ALL SUCH RESPONSIBILITY AND LIABILITY AS FAR AS IT IS PERMISSIBLE TO DO SO UNDER RELEVANT APPLICABLE LAW.
Appears in 1 contract
Sources: Managed Pki for SSL Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS THE SERVICE AND ALL REPRESENTATIONSRELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONSAND FLEET AND ITS SUBCONTRACTORS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSYOU ACKNOWLEDGE THAT FLEET DOES NOT WARRANT THAT ACCESS, WARRANTIES USE, OR GUARANTEES THAT OPERATION OF THE WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM LOSSVIRUSES OR OTHER HARMFUL COMPONENTS, DESTRUCTIONOR THAT DEFECTS WILL BE CORRECTED. FLEET IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DAMAGEDELIVERY FAILURES, CORRUPTIONINTERCEPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGALTERATION, OR OTHER SECURITY INTRUSIONDAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF INCLUDING PROBLEMS INHERENT IN THE USE OF THE WEBSITE (INCLUDING ALL INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ITS CONTENT ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR SERVICES) ARE OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS. FLEET DOES NOT MAKE ANY REPRESENTATIONS OR WILL BE ACCURATEWARRANTIES REGARDING THE MAINTENANCE, RELIABLESTORAGE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDRETRIEVABILITY, OR DISCONTINUE ANY ASPECT OR FEATURE CONDITION OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYMATERIALS.
Appears in 1 contract
Sources: Terms of Service
Disclaimers. EXCEPT AS IS" BASIS. EXPRESSLY SET FORTH IN THIS SECTION 7, THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS PROVIDERS SPECIFICALLY DIS- CLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES WITH RESPECT TO THE GATEWAY OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICES, OR OTHER SECURITY INTRUSIONSERVICES OR GOODS PROVIDED THROUGH THIS GATEWAY. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT THE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE GATEWAY WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. ALTHOUGH THE GATEWAY, AS PART OF ITS FUNCTIONALITY AND SERVICES, MAY CON- TAIN LINKS TO THIRD-PARTY WEB SITES, SUCH LINKED SITES ARE NOT UNDER THE CON- TROL OF PROVIDERS, AND SKYNET LABS DISCLAIMS PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETORESPONSIBILITY FOR THE CONTENTS OR POLICIES OF ANY LINKED SITE. WARRANTIES AS THE PROVIDERS PROVIDE THESE LINKS AS A CON- VENIENCE ONLY, PROVIDERS DO NOT ENDORSE, SPONSOR, OR GUARANTEES AFFILIATE WITH THE LINKED SITES. LINKS TO MERCHANTS OR ADVERTISERS ARE OWNED AND OPERATED BY INDE- PENDENT RETAILERS OR SERVICE PROVIDERS; AND, THEREFORE, THE PROVIDERS CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH THEIR PRODUCTS, SERVICES OR PRACTICES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES. THE PROVIDERS SHALL HAVE NO RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, TO INI- TIATE OR CAUSE THE INITIATION OF ANY INVESTIGATION OR OTHER FORENSIC RESEARCH REGARDING THE USE OR THE RESULTS MISUSE OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYGATEWAY ACCOUNT.
Appears in 1 contract
Sources: Gateway Terms of Usage Agreement
Disclaimers. THE SERVICES, ALL PRODUCTS PURCHASED, THE CONTENT USED IN CONNECTION WITH THE SERVICES AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS. BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WEBSITE (INCLUDING ALL IMPLIED WARRANTIES OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEIJSIDE MOTIVATION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SPECIFICALLY, BUT WITHOUT LIMITATION, HEIJSIDE MOTIVATION, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (INCLUDING ALL OF ITS i) THE INFORMATION AND CONTENT OR SERVICES) ARE OR WILL BE AVAILABLE ON THIS SERVICES IS ACCURATE, RELIABLE, CURRENT, CORRECT OR FREE OF ERRORS; (ii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR WITHOUT FREE OF ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR DISCONTINUE (iv) THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEIJSIDE MOTIVATION DOES NOT PROVIDE ANY ASPECT WARRANTY ON PRODUCTS OR FEATURE OF ITEMS THAT HEIJSIDE MOTIVATION SELLS OR MAKES AVAILABLE ON THE SERVICES. HEIJSIDE MOTIVATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYSERVICE, SUSPEND, OR DISCONTINUE THE WEBSITE, IT AND HEIJSIDE MOTIVATION WILL NOT BE LIABLE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR ANY THIRD PARTYSERVICES.
Appears in 1 contract
Sources: Affiliate Agreement
Disclaimers. EXCEPT AS IS" BASISEXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN AS-IS BASIS ONLY. WITHOUT IN ANY WAY LIMITING THE WEBSITE (INCLUDING ALL GENERALITY OF THE CONTENT FOREGOING, COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET THE REQUIREMENTS OF ANY PERSON OR WILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." COLLECTIVE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, REPRESENTATIONS CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER AGREES THAT COLLECTIVE HAS MADE NO AGREEMENTS, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO OTHER STATEMENT ABOUT THE INFORMATION OR GUARANTEES SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY EXCEPT TO THE EXTENT EXPRESSLY STATED AS SUCH A WARRANTY IN A MUTUALLY EXECUTED AMENDMENT TO THIS AGREEMENT. THE INFORMATION AVAILABLE THROUGH THE SERVICES DOES NOT REPRESENT COLLECTIVE'S RECOMMENDATIONS. SUBSCRIBER ACKNOWLEDGES THAT THE WEBSITE WILL SERVICES ARE NOT DESIGNED OR INTENDED TO BE FREE FROM LOSSRELIED UPON IN ANY ENVIRONMENT IN WHICH THE UNAVAILABILITY OF THE SERVICES COULD LEAD TO DEATH, DESTRUCTIONPERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. COLLECTIVE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRUPTIONUP-TO-DATE STATUS, ATTACKOR COMPLETENESS OF THE PATIENT DATA, NOR FOR SUCH PATIENT DATA'S SUFFICIENCY WITH ANY LEGAL STANDARD. SUBSCRIBER ALSO ACKNOWLEDGES AND AGREES THAT THE SERVICES AND PATIENT DATA ARE NOT INTENDED TO BE MEDICAL ADVICE OR INSTRUCTIONS FOR MEDICAL DIAGNOSIS, TREATMENT, OR CARE OF PERSONS BY COLLECTIVE AND THAT THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS, OR TREATMENT AND SHOULD NOT BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE WITHOUT THE SUPERVISION OF A DOCTOR OR QUALIFIED HEALTHCARE PROVIDER. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COLLECTIVE DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, INTERFERENCEWORMS, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSIONUNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEDAMAGE DATA, RELIABLEWEBSITES, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCOMPUTERS, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT NETWORKS AND THAT COLLECTIVE WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES EXCEPT TO THE EXTENT THAT SUCH ACTIVITIES ARE CAUSED BY COLLECTIVE'S BREACH OF ITS INFORMATION SECURITY OBLIGATIONS HEREUNDER. IN NO EVENT SHALL COLLECTIVE BE LIABLE TO YOU SUBSCRIBER OR ANY THIRD PARTYPARTY FOR DAMAGES CAUSED BY A ZERO-DAY SECURITY EVENT.
Appears in 1 contract
Sources: Master Subscription Agreement
Disclaimers. THE SOFTWARE ISPROVIDED TO YOU according to the tariffs ( by selecting a tariff you accept all the terms and conditions of the tariff) AND IS PROVIDED ON AN “AS IS" BASIS. THE WEBSITE (INCLUDING ” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED This section makes clear that no IP ownership is transferred to the user, and that the license does not entitle the user to do anything with the software other than what the user has been licensed. Automatic collection of data is highlighted by the inclusion of these provisions. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES COMPANY DOES NOT REPRESENT OR GUARANTEES WARRANT THAT THE WEBSITE WILL BE SOFTWARE IS FREE FROM LOSSOF BUGS, DESTRUCTIONERRORS, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, VIRUSES OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES DEFECTS OR GUARANTEES THAT THE USE OR THE RESULTS SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. COMPANY AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING ALL SOFTWARE. COMPANY AND ITS LICENSORS PROVIDES ANY WARRANTY OR REPRESENTATIONS OF ITS CONTENT ANY KIND THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR SERVICES) ARE RELIABILITY STANDARDS, ACHIEVE ANY KIND OF INTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSYSTEM, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITEHAVE ERRORS THAT CAN BE CORRECTED Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. IF SKYNET LABS ELECTS TO MODIFYTo the extent that those laws apply to this Agreement, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYthe exclusions and limitations set forth above may not apply.
Appears in 1 contract
Sources: End User License Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. , AND THAT THE SERVICE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXCEPT TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSOR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONSOF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY CONTENT; AND (B) DISCLAIM ALL WARRANTIES, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS (I) OF MERCHANTABILITY, MERCHANTABLE CORRECTNESS, ACCURACY, RELIABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE WEBSITE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGOR FREE OF HARMFUL COMPONENTS, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES OTHERWISE MEET YOUR REQUIREMENTS; (IV) THAT THE USE SERVICES OR ANY CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON OR THROUGH THE RESULTS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 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. WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SERVICES SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCONTENT, OR DISCONTINUE ANY ASPECT LINKED OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPENDASSOCIATED CONTENT WITH DIGITAL ASSETS, OR DISCONTINUE ANY DIGITAL ASSETS YOU INTERACT WITH WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE WEBSITESECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, IT WHETHER ORAL OR OBTAINED FROM SKY ▇▇▇▇▇ INDEMNITEES (AS DEFINED BELOW) OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD ▇▇▇ ▇▇▇▇▇ RESPONSIBLE FOR ANY BREACH OF SECURITY. ▇▇▇ ▇▇▇▇▇ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO YOU VULNERABILITY OR ANY THIRD PARTYKIND OF FAILURE, ABNORMAL BEHAVIOR OR SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF DIGITAL ASSETS. ▇▇▇ ▇▇▇▇▇ IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE SUPPORTING BLOCKCHAINS FOR THE DIGITAL ASSETS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SOFTWARE, HARDWARE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE (INCLUDING COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. IN ADDITION, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE YOUR USE OF THE WEBSITE (INCLUDING ALL OF IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS CONTENT AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES) ARE , OR WILL BE OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, RELIABLECOMPLETE, CURRENTAND UP-TO-DATE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPANY CANNOT GUARANTEE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT AND WILL NOT BE LIABLE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO YOU THE ACCURACY, COMPLETENESS, OR ANY THIRD PARTYTIMELINESS OF THE INFORMATION ON THE WEBSITE.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimers. AS THE SDK IS PROVIDED “AS-IS" BASIS. THE WEBSITE ” AND WITHOUT ANY WARRANTY WHATSOEVER FROM SOTI AND LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT: (INCLUDING ALL I) USE OF THE CONTENT SDK AND SERVICES AVAILABLE ON ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE THE SDK IS AT YOUR 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS SOTI EXPRESSLY DISCLAIMS ALL REPRESENTATIONSWARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONSWHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES SOTI DOES NOT WARRANT THAT THE WEBSITE SDK WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE SDK WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONENTIRELY ERROR FREE, DAMAGECONTINUE TO BE MADE AVAILABLE, CORRUPTIONCOMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, ATTACK, VIRUSES, INTERFERENCE, HACKINGAPPLICATIONS, OR THIRD- PARTY SERVICES OR ANY OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SOTI PRODUCTS OR SERVICES) ARE , APPEAR PRECISELY AS DESCRIBED IN THE SDK DOCUMENTATION, OR THAT DEFECTS IN THE SDK WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYCORRECTED.
Appears in 1 contract
Sources: SDK License Agreement
Disclaimers. 6.1 The express remedies set forth in Section 5 will constitute Customer’s exclusive remedies, and ClearPointe’s sole obligation and liability, for any claim (a) that any Service provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly.
6.2 EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 5, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CUSTOMER, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS" BASIS,” AND NEITHER VENDOR NOR ITS SUPPLIERS MAKES ANY ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE DELIVERABLES OR SERVICES PROVIDED HEREUNDER, OR ANY MATTER WHATSOEVER. THE WEBSITE (INCLUDING PARTIES DISCLAIM ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES NON- INFRINGEMENT.
6.3 NEITHER VENDOR NOR ITS SUPPLIERS WARRANTS THAT THE WEBSITE SERVICES OR ANY DELIVERABLES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF ANY DELIVERABLES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUNINTERRUPTED OR ERROR-FREE, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR ERRORS WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITECORRECTED. IF SKYNET LABS ELECTS PRE-PRODUCTION (E.G., "ALPHA" OR "BETA") RELEASES OF SOFTWARE ARE PROVIDED TO MODIFYCUSTOMER, SUSPENDSUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND.
6.4 Except as may be done in accordance with Section 15.13, OR DISCONTINUE THE WEBSITEno statement by any ClearPointe employee or agent, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYorally or in writing, will serve to create any warranty or obligation not set forth herein or to otherwise modify this Agreement in any way whatsoever.
Appears in 1 contract
Sources: Services Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. 10.1 TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MEDTRAINER HEREBY DISCLAIMS ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYTITLE, DURABILITYNON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE QUALITY, ACCURACY, QUIET ENJOYMENT OR AVAILABILITY. THE SERVICES AND NONINFRINGEMENTTHEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SKYNET LABS MAKES MEDTRAINER AND OUR AFFILIATES, PARENTS AND SUBSIDIARIES, WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONSWARRANTY THAT (i) THE SERVICES AND MATERIALS AVAILABLE ON THE SERVICES WILL MEET YOUR REQUIREMENTS, WARRANTIES OR GUARANTEES THAT (ii) THE WEBSITE SERVICES AND MATERIALS WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR THE RESULTS SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
10.2 ALL CONTENT PROVIDED BY OR THROUGH MEDTRAINER AND OUR AFFILIATES AND ANY OF OUR SERVICES MUST BE VIEWED AND EVALUATED BY YOU AND ANY END USER(S) TO ENSURE IT IS SUITABLE FOR YOUR OR THEIR PURPOSE. IN THE EVENT OF LINKS TO THIRD-PARTY CONTENT, WE DO NOT GUARANTEE THE INFORMATION PROVIDED ON EXTERNAL WEBSITES OR DOMAINS IS ACCURATE OR COMPLETE. WE HAVE NO CONTROL OVER THE CONTENT, ACTIVITIES, SECURITY OR PRIVACY POLICIES OF THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND WE ACCEPT NO RESPONSIBILITY FOR THE SAME.
10.3 WE DO NOT GUARANTEE CONTENT WILL BE ACCEPTED BY THIRD PARTY ACCREDITATION ENTITIES, STATES, OR OTHER LICENSING BODIES FOR ANY PURPOSE, QUALIFIES FOR PROFESSIONAL CONTINUING EDUCATION REQUIREMENTS OF ANY KIND, OR IS SPECIFICALLY SUITED FOR ANY FURTHER PURPOSE ANTICIPATED BY THE END USER. WE DO NOT GUARANTEE OR WARRANT THE OUTCOME OF OUR SERVICES, INCLUDING TRAINING AND ACCREDITATION SERVICES. WE DO NOT GUARANTEE THAT A USER OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED ACCREDITED OR WITHOUT ERRORSCREDENTIALED BY A PARTICULAR ORGANIZATION. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, WE HAVE NO CONTROL OVER THE ACTIONS OF A CREDENTIALING ORGANIZATION OR DISCONTINUE ANY ASPECT THIRD PARTIES INVOLVED IN ACCREDITATION OR FEATURE CREDENTIALING AND ACCEPT NO RESPONSIBILITY FOR THE ACTIONS OF THE WEBSITE OR YOUR USE OF THIS WEBSITESUCH ORGANIZATIONS AND THIRD PARTIES. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT IN NO EVENT SHALL WE BE LIABLE TO YOU FOR THE ACTIONS OF ANY CREDENTIALING OR ACCREDITATION ORGANIZATIONS AND THIRD PARTIES IN REGARDING TO THE TRAINING AND CREDENTIALING SERVICES THAT WE PROVIDE.
10.4 THE CONTENT ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR THEIR CONTENT. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. WE MAY CHANGE THE SERVICES AT ANY THIRD PARTYTIME. 10.5 WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL SOFTWARE. IF YOUR USE OF THE SERVICES OR THEIR CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, WEB APPLICATIONS AND THE INTERNET GENERALLY.
10.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
10.7 THE TEMPLATES, CHATBOTS, AND REFERENCES PROVIDED BY MEDTRAINER ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR COMPLIANCE ADVICE. WHILE MEDTRAINER STRIVES TO ENSURE THE ACCURACY AND RELEVANCE OF THE MATERIALS, LAWS AND REGULATIONS MAY VARY BY JURISDICTION AND ARE SUBJECT TO CHANGE. USERS ARE RESPONSIBLE FOR VERIFYING THE APPLICABILITY AND COMPLIANCE OF ANY INFORMATION WITH FEDERAL, STATE, AND LOCAL LAWS, AS WELL AS THEIR ORGANIZATION’S POLICIES AND PROCEDURES. USE OF MEDTRAINER’S RESOURCES DOES NOT ESTABLISH AN ATTORNEY–CLIENT, PROVIDER–PATIENT, OR CONSULTANT–CLIENT RELATIONSHIP. MEDTRAINER IS NOT LIABLE FOR ANY DECISIONS, ACTIONS, OR OUTCOMES RESULTING FROM RELIANCE ON THESE MATERIALS. IT IS STRONGLY RECOMMENDED THAT USERS CONSULT WITH QUALIFIED LEGAL, MEDICAL, OR COMPLIANCE PROFESSIONALS BEFORE IMPLEMENTING ANY POLICIES, PROCEDURES, OR DECISIONS BASED ON THE PROVIDED TEMPLATES OR CHATBOT INTERACTIONS. BY ACCESSING AND USING MEDTRAINER’S RESOURCES, USERS ACKNOWLEDGE AND AGREE TO THESE TERMS. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE SEND IT TO ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇
10.8 A LACK OF COMPLIANCE WITH STATE-SPECIFIC CONTRACT LAW SHALL NOT VOID THIS AGREEMENT IN ITS ENTIRETY, BUT SHALL BE RELEVANT ONLY TO THE SPECIFIC APPLICABLE LAW AND THE CUSTOMER DIRECTLY AFFECTED BY SAID LAW.
Appears in 1 contract
Sources: Terms of Service
Disclaimers. A. THE NASA SOFTWARE AND/OR TECHNICAL DATA ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL ” WITHOUT ANY WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS EXPRESSED, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE NASA SOFTWARE AND/OR TECHNICAL DATA WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSOR FREEDOM FROM INFRINGEMENT, WARRANTIES OR GUARANTEES ANY WARRANTY THAT THE WEBSITE NASA SOFTWARE AND/OR TECHNICAL DATA WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGERROR FREE, OR OTHER SECURITY INTRUSIONANY WARRANTY THAT TECHNICAL DATA, IF PROVIDED, WILL CONFORM TO THE NASA SOFTWARE. IN NO EVENT SHALL THE UNITED STATES GOVERNMENT, OR ITS CONTRACTORS OR SUBCONTRACTORS, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE NASA SOFTWARE AND/OR TECHNICAL DATA, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE; WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE; AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES WHETHER OR GUARANTEES THAT THE USE NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDOF, OR DISCONTINUE ANY ASPECT USE OF, THE NASA SOFTWARE AND/OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. TECHNICAL DATA.
B. IF SKYNET LABS ELECTS TO MODIFYTHIRD PARTY COMPUTER SOFTWARE, SUSPENDDATA, OR DISCONTINUE DOCUMENTATION IS PRESENT IN THE WEBSITENASA SOFTWARE AND/OR TECHNICAL DATA, IT WILL NOT BE LIABLE TO YOU THE UNITED STATES GOVERNMENT DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING SUCH INCLUDED THIRD PARTY COMPUTER SOFTWARE, DATA, OR DOCUMENTATION. THE U.S. GOVERNMENT DISTRIBUTES ANY SUCH THIRD PARTYPARTY COMPUTER SOFTWARE, DATA, OR DOCUMENTATION “AS IS.”
Appears in 1 contract
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND DIGITAL SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "“AS-IS” AND “AS IS." AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY USE WARRANTIES AND CONDITIONS OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY KIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SERVICE PROVIDERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER SECURITY INTRUSIONHARMFUL 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 SKYNET LABS DISCLAIMS THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS 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, 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 ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, 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 RELATING THERETOFOR 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. WARRANTIES YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT OR GUARANTEES THAT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATETHEIR CORRECTNESS, RELIABLEACCURACY, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDRELIABILITY, OR DISCONTINUE OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY ASPECT LOSS OR FEATURE DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU 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 THIS WEBSITETHE DIGITAL SERVICES. IF SKYNET LABS ELECTS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYYOU.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. AS IS" BASIS. YOU USE THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS ONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE AT YOUR OWN RISK. RISK AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER FOLLOWING DISCLAIMERS. WE ARE PROVIDING THE ONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, NON-INFRINGEMENT, AND NONINFRINGEMENTFREE FROM COMPUTER VIRUS, HACKER OR OTHER HARMFUL CODE. SKYNET LABS MAKES NO REPRESENTATIONSWE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, WARRANTIES COMPLETE, OR GUARANTEES USEFUL, THAT THE WEBSITE OUR SERVICES WILL BE FREE FROM LOSSOPERATIONAL, DESTRUCTIONERROR FREE, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONSAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR GUARANTEES THAT THE WHEN OUR USERS USE OUR SERVICES OR THE RESULTS OF FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE USE OF THE WEBSITE ACTIONS OR INFORMATION (INCLUDING ALL CONTENT) OF ITS CONTENT OUR USERS OR SERVICESOTHER THIRD PARTIES. YOU RELEASE AND HOLD Q-▇▇▇▇, Q-▇▇▇▇ FRANCHISEE, Q-▇▇▇▇ CENTRES, Q-▇▇▇▇ SUBSIDIARIES, AFFILIATES, AND Q-▇▇▇▇ AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ONLINE LEARNING PROGRAMME PARTIES”) ARE OR WILL BE ACCURATEHARMLESS FROM ANY CLAIM, RELIABLECOMPLAINT, CURRENTCAUSE OF ACTION, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCONTROVERSY, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYDISPUTE (TOGETHER, SUSPEND“CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR DISCONTINUE IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES WITH THE WEBSITEONLINE LEARNING PROGRAMME SYSTEM/ SOFTWARE. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER ALL LOCAL AND INTERNALTIONAL LAW, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYOTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Disclaimers. PARTICIPANT ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON A PILOT BASIS, MAY BE EXPERIMENTAL OR RISKY IN NATURE, AND MAY NOT HAVE BEEN MADE AVAILABLE FOR GENERAL RELEASE. AS IS" BASISSUCH, THE SERVICE MAY CONTAIN ERRORS, BUGS, OR OTHER PROBLEMS NOT USUALLY ASSOCIATED WITH GENERALLY-AVAILABLE PRODUCTS AND SERVICES. THERFORE PARTICIPANT ASSUMES THE RISK OF RECEIVING THE SERVICE. THE WEBSITE (INCLUDING ALL SERVICE SHOULD NOT BE USED IN AN EMERGENCY ENVIRONMENT OR ON A CRITICAL SYSTEM. PARTICIPANT SHALL HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF ITS CUSTOMER’S DATA AND/OR EQUIPMENT USED DURING THE CONTENT PILOT. NEUSTAR IS UNDER NO OBLIGATION TO PROVIDE PARTICIPANT WITH ANY ERROR CORRECTIONS, UPDATES, UPGRADES, BUG FIXES AND/OR ENHANCEMENTS. NEUSTAR DOES NOT MAKE, AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." SPECIFICALLY DISCLAIMS, ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWREPRESENTATIONS OR WARRANTIES, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSWHETHER EXPRESS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, AND NONINFRINGEMENTNON-INFRINGEMENT, WITH RESPECT TO THE SERVICE AND ANYTYHING ELSE RENDERED HEREUNDER. SKYNET LABS MAKES NO REPRESENTATIONSWITHOUT IN ANY WAY LIMITING ANY DISCLAIMER OF WARRANTIES HEREUNDER, WARRANTIES OR GUARANTEES PARTICIPANT AGREES THAT DURING THE WEBSITE PILOT THE SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, PROVIDED ON AN “AS IS” BASIS AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR THERE WILL BE ACCURATENO SERVICE LEVEL COMMITMENTS, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS INCLUDING BUT NOT LIMITED TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYAVAILABILITY AND SYSTEM RESPONSE TIMES.
Appears in 1 contract
Sources: Pilot Program Agreement (Neomedia Technologies Inc)
Disclaimers. 9.1 Neither Energy Systems, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. In no event will Energy Systems, the DOE, or any person acting on behalf of any of them be liable for any incidental, special or consequential damages resulting from the license granted pursuant to this Agreement or the use or commercial development of the Proprietary Rights.
9.2 EXCEPT AS IS" BASIS. SET FORTH HEREINABOVE, NEITHER ENERGY SYSTEMS, THE WEBSITE DOE, NOR PERSONS ACTING ON THEIR BEHALF MAKE ANY WARRANTY, EXPRESS OR IMPLIED: (INCLUDING ALL 1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. TO FURTHERMORE, ENERGY SYSTEMS AND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGFOR ANY PRODUCTS MANUFACTURED, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUSED, OR OTHER SECURITY INTRUSIONSOLD BY LICENSEE. NEITHER ENERGY SYSTEMS NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY EVENT. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT FILED SEPARATELY WITH THE USE OR THE RESULTS SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE USE SECURITIES ACT OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE1933, RELIABLEAS AMENDED.
9.3 Licensee agrees to indemnify Energy Systems, CURRENTthe DOE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICEand persons acting on their behalf for all damages, SKYNET LABS MAY MODIFYcosts, SUSPENDand expenses, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYincluding attorneys' fees, SUSPENDarising from, OR DISCONTINUE THE WEBSITEbut not limited to Licensee's, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYits Affiliates' and Sublicensees' making, using, selling, or exporting of any Proprietary Rights, information, Products or services, in whatever form furnished hereunder.
Appears in 1 contract
Sources: Patent License Agreement (Caliper Technologies Corp)
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE i. PROGRAM PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PROGRAM IS AT THE USER’S OWN RISK AND IS PROVIDED WITHOUT WARRANTIES OR CONDITIONSREPRESENTATIONS OF ANY KIND OR NATURE, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, OR ANY WARRANTY, GUARANTEE, OR REPRESENTATION ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE OR PRACTICE. ANY CONTENT DOWNLOADED FROM THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND NONINFRINGEMENTTHE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
ii. SKYNET LABS ERRORS, OMISSIONS. RGX MAKES NO REPRESENTATIONSREPRESENTATION OR WARRANTY REGARDING AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, WARRANTIES MISTAKES, OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, CORRUPTIONOF ANY NATURE WHATSOEVER, ATTACKRESULTING FROM USER ACCESS TO OR USE OF THE PROGRAM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM; (V) ANY BUGS, VIRUSES, INTERFERENCE, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE; (VI) ANY LIABILITY RELATING THERETO. WARRANTIES ERRORS OR GUARANTEES THAT THE USE OMISSIONS IN ANY CONTENT OR THE RESULTS FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS ANY CONTENT OR SERVICES) ARE OR WILL BE ACCURATEPOSTED, RELIABLEEMAILED, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDTRANSMITTED, OR DISCONTINUE ANY ASPECT OTHERWISE MADE AVAILABLE.
iii. NOT RESPONSIBLE FOR PERSONAL DATA OR FEATURE OF SENSITIVE DATA. EXCEPT AS EXPLICITLY PROVIDED IN THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYPRIVACY POLICY, SUSPENDRGX IS NOT LIABLE FOR THE COLLECTION, USE, PROCESSING, SECURITY, PRIVACY, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU DISCLOSURE OF USER CONTENT DATA BREACHES OR ANY THIRD PARTYLOSS, MISUSE OR MISAPPROPRIATION OF DATA. ALL USER CONTENT AND DATA IS MADE AVAILABLE TO THE PLATFORM AT THE USER’S SOLE RISK. WE DO NOT COLLECT OR PROCESS PERSONAL DATA EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT OR PRIVACY POLICY.
Appears in 1 contract
Sources: Terms of Service Agreement
Disclaimers. While we endeavor to review the Content before it becomes available, We do not guarantee that We have reviewed all of the Content submitted to the Service, and therefore, hereby disclaim all responsibility or liability related to the Content. We may, in Our sole discretion, remove Content for any appropriate reason or to comply with the law. THE SERVICE IS PROVIDED ON AN “AS IS" ,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE WEBSITE (INCLUDING WE HEREBY DISCLAIM ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOFOR EXAMPLE, IMPLIED WARRANTIES OR CONDITIONS OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE YOUR USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR SERVICES WILL BE ACCURATEUNITERRUPTED, RELIABLETIMELY, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSECURE, OR DISCONTINUE ANY ASPECT ERROR AND VIRUS FREE. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL WE OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYOUR TRUSTEES, SUSPENDOFFICERS, OR DISCONTINUE THE WEBSITEEMPLOYEES, IT WILL NOT AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTYPARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RELATED IN ANY WAY TO THE SERVICE. THIS PARAGRAPH WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. We reserve the right to modify or discontinue, temporarily or permanently, the Service with or without advance notice to you. You agree that We and our trustees, officers, employees, and representatives, will not have any responsibility or liability to you or to any third party in the event of any such modification, suspension, or discontinuance of the Service.
Appears in 1 contract
Sources: User Agreement
Disclaimers. DEALER EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER'S USE OF THE SERVICES AND THE PROVIDED CONTENT IS AT DEALER'S SOLE RISK AND ARE PROVIDED "AS IS" BASIS. AND "AS AVAILABLE." IN PARTICULAR, SHIFT DIGITAL, JLRNA, THE WEBSITE SERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (INCLUDING ALL A) DEALER'S USE OF THE SERVICES OR THE PROVIDED CONTENT AND SERVICES AVAILABLE ON THE WEBSITEWILL MEET DEALER'S REQUIREMENTS, OR (B) ARE PROVIDED TO YOU "AS IS." ANY DEALER'S USE OF THIS WEBSITE THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT YOUR DEALER'S OWN RISKDISCRETION AND RISK AND THAT DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR JLRNA, OR THROUGH OR FROM THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUSE OF THE SERVICES SHALL CREATE ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SKYNET LABS DISCLAIMS SHIFT DIGITAL, JLRNA AND EACH SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL REPRESENTATIONSREPRESENTATIONS AND WARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE PROVIDED CONTENT INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYNON-INFRINGEMENT.
Appears in 1 contract
Sources: Universal Terms and Conditions of Use and End User License Agreement
Disclaimers. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 7.4, THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. THE WEBSITE (INCLUDING ALL , WITHOUT ANY WARRANTIES OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. KIND TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR- FREE OR FREE FROM LOSSVIRUSES OR OTHER MALICIOUS SOFTWARE, DESTRUCTIONAND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ADDITIONALLY DISCLAIM ALL WARRANTIES RELATED TO THIRD PARTY TOOLS, DAMAGELINKS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGAND TELECOMMUNICATIONS PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY TOOLS OR LINKS, OR OTHER SECURITY INTRUSIONANY MATERIAL CONTAINED THEREIN, NOR DO WE HAVE ANY CONTROL OVER THE INTERNET. THE INTERNET AND TELECOMMUNICATIONS PROVIDER NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF DATA WHILE USING THIRD PARTY TOOLS OR LINKS, OR IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER NETWORK, AND SKYNET LABS DISCLAIMS EXPRESSLY WAIVE ALL CLAIMS FOR DAMAGES OR LOSS THAT MAY RESULT FROM ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE SUCH THIRD-PARTY TOOLS, LINKS, NETWORKS, OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYINTERNET.
Appears in 1 contract
Sources: End User License Agreement
Disclaimers. THE SOFTWARE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. THE WEBSITE (EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSHIGHER LOGIC MAKES NO REPRESENTATION, WARRANTIES WARRANTY, OR CONDITIONSGUARANTY AS TO THE RELIABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYSUITABILITY, FITNESS FOR A PARTICULAR PURPOSEAVAILABILITY, TITLE ACCURACY OR COMPLETENESS OF THE SOFTWARE SERVICES OR ANY MATTER WHATSOEVER. HIGHER LOGIC AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES ITS LICENSORS DO NOT REPRESENT OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF WARRANT THAT: (A) THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR SOFTWARE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, ERROR-FREE; (B) THE SOFTWARE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR DISCONTINUE ANY ASPECT EXPECTATIONS; (C) ERRORS OR FEATURE DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED; OR (D) THE SOFTWARE SERVICES OR THE SERVER(S) THAT HOST THE SOFTWARE SERVICES ARE FREE OF THE WEBSITE VIRUSES OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYOTHER HARMFUL COMPONENTS.
Appears in 1 contract
Sources: Online License Agreement
Disclaimers. REPUBLICAN SINGLES PROVIDES THE PROPRIETARY MATERIALS, THE SITES AND THE SERVICES ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSWE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONSWHETHER STATUTORY EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGOR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND ALL OTHER INFORMATION AND CONTENT CONTAINED THEREIN), BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, MERCHANTABLE QUALITYTITLE, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTPURPOSE OR NON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES REPUBLICAN SINGLES DOES NOT REPRESENT OR GUARANTEES WARRANT THAT (A) YOUR USE OF THE WEBSITE SERVICES WILL BE FREE FROM LOSSSECURE, DESTRUCTIONCOMPLETE, DAMAGEALWAYS AVAILABLE, CORRUPTIONERROR-FREE, ATTACK, VIRUSES, INTERFERENCE, HACKINGUNINTERRUPTED, OR WILL MEET ALL OF YOUR REQUIREMENTS, (B) THE SERVICES ARE FREE OF VIRUSES OR OTHER SECURITY INTRUSIONHARMFUL COMPONENTS OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. REPUBLICAN SINGLES DISCLAIMS LIABILITY FOR, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES NO REPRESENTATION OR GUARANTEES THAT WARRANTY IS MADE WITH RESPECT TO, THE USE AVAILABILITY AND CONNECTIVITY OF THE SERVICES OR THE RESULTS DELIVERY OF ANY MESSAGES. REPUBLICAN SINGLES DOES NOT HAVE ANY OBLIGATION SCREEN OR TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, REPUBLICAN SINGLES DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. REPUBLICAN SINGLES DOES NOT: (INCLUDING ALL i) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ITS CONTENT ANY USERS OR SERVICES) ARE MEMBERS OR WILL BE ACCURATEFOR THE ACCURACY OR RELIABILITY OF ANY OPINION, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDADVICE, OR DISCONTINUE STATEMENT MADE BY ANY ASPECT PARTY OTHER THAN REPUBLICAN SINGLES, OR FEATURE (ii). GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE SERVICES. UNDER NO CIRCUMSTANCES WILL REPUBLICAN SINGLES BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR YOUR USE HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS WEBSITE. IF SKYNET LABS ELECTS SECTION MAY NOT APPLY TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYYOU.
Appears in 1 contract
Sources: Terms of Use Agreement
Disclaimers. 8.2.1. EXCEPT AS PROVIDED FOR IN THIS AGREEMENT OR ANY CCC PARTNER TERMS, THE BUNDLED SERVICES, REPORTS, AND ANY OTHER MATERIALS, TECHNOLOGY, DATA AND/OR SERVICES PROVIDED BY CCC AND ITS SUPPLIERS, INCLUDING THE CCC PARTNERS, ARE PROVIDED “AS IS" BASIS” AND “WITH ALL FAULTS.”
8.2.2. DISTRICT ACKNOWLEDGES AND AGREES THAT CCC IS MERELY PROCURING ACCESS TO CCC PARTNER SERVICES ON BEHALF OF DISTRICT AND/OR ITS PARTICIPANTS, AND THAT CCC HAS NO CONTROL OVER THE WEBSITE (INCLUDING ALL CCC PARTNER SERVICES. DISTRICT AGREES THAT CCC WILL NOT BE LIABLE FOR ANY DEFECTS, FLAWS, PROGRAMMING ERRORS, INEFFICIENCIES OR MALFUNCTIONS IN ANY CCC PARTNER SERVICES, OR FOR ANY LACK OF FUNCTIONALITY IN OR NON-PERFORMANCE OF THE CONTENT AND CCC PARTNER SERVICES. DISTRICT AGREES: (A) THAT ITS EXCLUSIVE REMEDIES WITH RESPECT TO ANY CCC PARTNER SERVICES AVAILABLE WILL BE AGAINST THE CCC PARTNER PROVIDING SUCH SERVICES; (B) NOT TO ASSERT AGAINST CCC ANY CLAIM BASED ON THE WEBSITE) ARE PROVIDED OR RELATED TO YOU "AS IS." ANY DISTRICT ’S OR ITS PARTICIPANT’S USE OF ANY CCC PARTNER SERVICES; AND (C) THAT ITS AND EACH OF ITS PARTICIPANT’S USE OF ANY CCC PARTNER SERVICES WILL BE GOVERNED SOLELY BY THE CCC PARTNER TERMS TO WHICH IT OR THE PARTICIPATE IS A PARTY. NOTHING IN THIS WEBSITE AGREEMENT LIMITS THE WARRANTIES AND REMEDIES AVAILABLE TO DISTRICT UNDER SEPARATE CCC PARTNER TERMS TO WHICH DISTRICT OR THE PARTICIPANTS ARE PARTIES. CCC IS AT YOUR OWN RISKNOT A PARTY TO SUCH TERMS AND HAS NO OBLIGATIONS THEREUNDER.
8.2.3. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTIES IN SECTION 7.1, SKYNET LABS CCC EXPRESSLY DISCLAIMS ALL REPRESENTATIONSWARRANTIES OF ANY KIND OR NATURE, WARRANTIES WHETHER EXPRESS, IMPLIED OR CONDITIONS, EITHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR CONDITIONS QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITYSYSTEM INTEGRATION, DURABILITYWORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTOR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
8.2.4. SKYNET LABS MAKES WITHOUT LIMITING THE FOREGOING, (A) NO REPRESENTATIONSWARRANTY IS MADE BY CCC ON THE BASIS OF TRADE USAGE, WARRANTIES COURSE OF DEALING OR GUARANTEES COURSE OF TRADE; (B) NO WARRANTY IS MADE BY CCC THAT THE WEBSITE BUNDLED SERVICES OR ANY COMPONENT THEREOF, OR ANY REPORTS, AND ANY OTHER MATERIALS, TECHNOLOGY, DATA AND/OR SERVICES PROVIDED HEREUNDER WILL MEET DISTRICT’S OR ITS PARTICIPANTS’ REQUIREMENTS OR THAT THE OPERATION OF ANY PART OF THE BUNDLED SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUNINTERRUPTED OR ERROR-FREE, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR ERRORS WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSCORRECTED.
8.2.5. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE DISTRICT ACKNOWLEDGES THAT CCC’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYDISTRICT ONLY.
Appears in 1 contract
Sources: Program Agreement
Disclaimers. AS IS" BASISYou understand and agree that qiibee makes no representations or warranties regarding use of the Software and you shall have sole responsibility for adequate protection and backup of your data used in connection with the Software and you shall have no claims against qiibee for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Software. YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT THAT BLOCKCHAIN APPLICATIONS AND PROTOCOLS ARE GENERALLY STILL IN AN EARLY DEVELOPMENT STAGE AND THEREFORE OF EXPERIMENTAL NATURE. YOU THEREFORE UNDERSTAND THAT QIIBEE MAY NOT BE HELD LIABLE FOR THE WEBSITE UNDERLYING SOFTWARE PROTOCOL (INCLUDING ALL OF “THE CONTENT AND SERVICES AVAILABLE ON SOFTWARE”) THAT GOVERNS THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. QIIBEE ECOSYSTEM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES YOU AGREE BY USING THE SOFTWARE THAT THE WEBSITE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL DAMAGES AND CONSEQUENTIAL COSTS. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGQIIBEE, OR ANY OTHER SECURITY INTRUSIONPARTY WHO PROVIDES SERVICES TO YOU OR MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. QIIBEE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF TITLE OR INFRINGEMENT, WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, OR IMPLIED OBLIGATIONS, WITH RESPECT TO ANY ASPECT OF THE SOFTWARE, OR THE RESULTS OBTAINED FROM ITS USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON OR AS TO THE PERFORMANCE THEREOF. QIIBEE DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SOFTWARE OR ANY THIRD PARTYCOMPONENTS THEREOF OR THAT IT WILL BE ERROR FREE OR FREE FROM COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION. QIIBEE SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. THE SOFTWARE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE THEREOF IS AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties therefore, certain of the above exclusions may not apply to you.
Appears in 1 contract
Sources: Loyalty Token Activation and Software License Agreement
Disclaimers. THE INTERNET SERVICE IS PROVIDED TO SUBSCRIBER "AS IS" BASISWITHOUT WARRANTY OF ANY KIND. EACH OF COMPANY, ITS AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT: (i) THE WEBSITE INTERNET SERVICE IS OR WILL BE ERROR-FREE OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL OR MALICIOUS AGENTS; (INCLUDING ii) ANY DATA OR FILES SENT BY USERS WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME; (iii) THE INTERNET SERVICE WILL AT ALL OF TIMES DURING THE CONTENT TERM AND SERVICES WITHOUT INTERRUPTION BE AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." FOR USE BY USERS, WITH SUBSCRIBER’S EXPRESS ACKNOWLEDGMENT THAT IF SUBSCRIBER OR ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. OTHER USER REQUIRES GUARANTEED ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINTERNET, SKYNET LABS DISCLAIMS SUBSCRIBER MUST OBTAIN BACKUP SERVICES FROM ADDITIONAL INTERNET SERVICE PROVIDERS; (iv) THE INTERNET SERVICE WILL HAVE ANY MINIMUM “UPTIME” OR DATA TRANSMISSION OR RECEPTION SPEED; (v) ANY WIRELESS ROUTER WILL HAVE A MINIMUM COVERAGE AREA OR RANGE; (vi) COMPANY EQUIPMENT IS COMPATIBLE WITH ANY OR ALL REPRESENTATIONSSUBSCRIBER DEVICES; (vii) UPDATES AND MODIFICATIONS OF COMPANY EQUIPMENT WILL NOT DISRUPT THE NORMAL OPERATIONS OF SUBSCRIBER DEVICES; OR (viii) COMPANY’S PROVISION OF TECHNICAL SUPPORT SERVICES WILL IN ALL EVENTS BE ABLE TO SOLVE USERS’ ISSUES, WILL BE FREE OF ERROR, OR WILL NOT RESULT IN ANY LOSSES TO USERS. FURTHER, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, ALL OTHER REPRESENTATIONS AND WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIEDOF ANY KIND, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITYTITLE, MERCHANTABLE QUALITY, DURABILITYNON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSMERCHANTABILITY, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, ARE HEREBY EXCLUDED AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.DISCLAIMED.
Appears in 1 contract
Sources: Subscriber Agreement
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS GREENLIGHT EXPRESSLY DISCLAIMS ALL REPRESENTATIONSWARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, IMPLIED INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT AS TO THE SITE AND ITS CONTENT, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES THE SERVICES.
(b) GREENLIGHT AND YOU MAKE NO REPRESENTATIONSREPRESENTATION OR WARRANTY THAT: (i) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, WARRANTIES (ii) THE SITE OR GUARANTEES THAT THE WEBSITE SERVICES WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE, AND SKYNET LABS DISCLAIMS (iii) ANY LIABILITY RELATING THERETO. WARRANTIES RESULTS OR GUARANTEES INFORMATION THAT THE USE OR THE RESULTS OF MAY BE OBTAINED FROM THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SITE OR SERVICES) ARE OR THE SERVICES WILL BE ACCURATE, RELIABLETIMELY OR COMPLETE, CURRENTAND (iv) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. FROM TIME TO TIME, UNINTERRUPTED GREENLIGHT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ERRORSANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT GREENLIGHT’S SOLE DISCRETION. WITHOUT PRIOR NOTICETHE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
(c) EXCEPT AS MAY BE SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN GREENLIGHT AND YOU, SKYNET LABS MAY MODIFYGREENLIGHT IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR: (i) HARDWARE, SUSPENDSOFTWARE, OTHER ITEMS OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN GREENLIGHT, (ii) DAMAGES OF ANY KIND THAT RESULT FROM THE DOWNLOADING OF ANY DATA, PROGRAMS OR ANY OTHER MATERIALS ON THE SITE OR THROUGH THE SERVICES, OR DISCONTINUE ANY ASPECT OR FEATURE (iii) THE FAILURES OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU INTERNET OR ANY THIRD PARTYDATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES.
Appears in 1 contract
Sources: Terms of Use Agreement
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND ALLIGATOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. ALLIGATOR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. ALLIGATOR DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. ALLIGATOR IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR SERVICES SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (COLLECTIVELY, “DATA PROVIDERS”). THE INFORMATION SERVICES ARE PROVIDED "AS IS" BASIS. AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWACCURACY, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSTIMELINESS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTCURRENT STATE REPORT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE REPORT WILL BE FREE FROM LOSSNOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS DATA PROVIDERS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGLOST REVENUE, OR OTHER SECURITY INTRUSIONINCIDENTAL, AND SKYNET LABS DISCLAIMS SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY LIABILITY RELATING THERETOKIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITATED TO, ERRORS IN CUSTOMER INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. WARRANTIES OR GUARANTEES THAT THE USE IN NO EVENT SHALL iiX'S OR THE RESULTS OF APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE USE OF CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE WEBSITE THREE (INCLUDING ALL OF ITS CONTENT OR SERVICES3) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE MONTHS IMMEDIATELY PRECEDING ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSUCH CLAIM.
Appears in 1 contract
Sources: Insurance Subscription Agreement
Disclaimers. A. THE NASA SOFTWARE AND/OR TECHNICAL DATA ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL ” WITHOUT ANY WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS EXPRESSED, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE NASA SOFTWARE AND/OR TECHNICAL DATA WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSOR FREEDOM FROM INFRINGEMENT, WARRANTIES OR GUARANTEES ANY WARRANTY THAT THE WEBSITE NASA SOFTWARE AND/OR TECHNICAL DATA WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGERROR FREE, OR OTHER SECURITY INTRUSIONANY WARRANTY THAT TECHNICAL DATA, IF PROVIDED, WILL CONFORM TO THE NASA SOFTWARE. IN NO EVENT SHALL THE UNITED STATES GOVERNMENT, OR ITS CONTRACTORS OR SUBCONTRACTORS, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE NASA SOFTWARE AND/OR TECHNICAL DATA, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE; WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE; AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE NASA SOFTWARE AND/OR TECHNICAL DATA.
B. THE UNITED STATES GOVERNMENT DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD PARTY COMPUTER SOFTWARE, DATA, OR DOCUMENTATION, IF PRESENT IN THE NASA SOFTWARE AND/OR TECHNICAL DATA, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, DISTRIBUTES IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY“AS IS.” C.
Appears in 1 contract
Disclaimers. AS IS" BASIS. THE WEBSITE HUB (INCLUDING ALL OF THE CONTENT MATERIALS AND SERVICES AVAILABLE ON THE WEBSITEOTHER THIRD PARTY CONTENT) ARE PROVIDED TO YOU "“AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS ,” AND HACKERGAL MAKES NO (AND HEREBY DISCLAIMS ALL ALL) OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIEDCONDITIONS AND GUARANTEES, INCLUDINGWHETHER WRITTEN, BUT NOT LIMITED TOORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYNONCONFORMANCE WITH DESCRIPTION, DURABILITYTITLE, NONINFRINGEMENT, ACCURACY, SAFETY, RELIABILITY, COMPLETENESS AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE PURPOSE OR THE RESULTS YOU MAY OBTAIN BY USING THE HUB OR THAT THE QUALITY OF THE HUB WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. HACKERGAL DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE HUB SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. HACKERGAL DOES NOT WARRANT THAT THE HUB WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, MOBILE DEVICES OR ANY INTERNET TECHNOLOGY. HACKERGAL DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY HOST DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY HACKERGAL. HACKERGAL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE (INCLUDING NON-HACKERGAL APPLICATIONS, NON-HACKERGAL SITES OR OTHER USERS). YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS AND OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE WEBSITE (INCLUDING ALL HUB. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEIMPLIED WARRANTIES, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE SO SOME OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS ABOVE LIMITATIONS MAY NOT APPLY TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYYOU.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND TEGRO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. TEGRO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TEGRO DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. TEGRO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND ▇▇▇▇▇▇.▇▇▇ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. ▇▇▇▇▇▇.▇▇▇ DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. ▇▇▇▇▇▇.▇▇▇ DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. ▇▇▇▇▇▇.▇▇▇ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. AS IS" BASIS. YOU USE THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS ONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE AT YOUR OWN RISK. RISK AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER FOLLOWING DISCLAIMERS. WE ARE PROVIDING THE ONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, NON-INFRINGEMENT, AND NONINFRINGEMENTFREEDOM FROM COMPUTER VIRUS, HACKER OR OTHER HARMFUL CODE. SKYNET LABS MAKES NO REPRESENTATIONSWE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, WARRANTIES COMPLETE, OR GUARANTEES USEFUL, THAT THE WEBSITE OUR SERVICES WILL BE FREE FROM LOSSOPERATIONAL, DESTRUCTIONERROR FREE, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONSAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR GUARANTEES THAT THE WHEN OUR USERS USE OUR SERVICES OR THE RESULTS OF FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE USE OF THE WEBSITE ACTIONS OR INFORMATION (INCLUDING ALL CONTENT) OF ITS CONTENT OUR USERS OR SERVICESOTHER THIRD PARTIES. YOU RELEASE Q-▇▇▇▇, Q-▇▇▇▇ FRANCHISEE, Q-▇▇▇▇ CENTRES, Q-▇▇▇▇ SUBSIDIARIES, AFFILIATES, AND Q-▇▇▇▇ AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ONLINE LEARNING PROGRAMMEPARTIES”) ARE OR WILL BE ACCURATEFROM ANY CLAIM, RELIABLECOMPLAINT, CURRENTCAUSE OF ACTION, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCONTROVERSY, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYDISPUTE (TOGETHER, SUSPEND“CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR DISCONTINUE IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES WITH THE WEBSITEONLINE LEARNING PROGRAMMESYSTEM/ SOFTWARE. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER ALL LOCAL AND INTERNALTIONAL LAW, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYOTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Disclaimers. THE PREFERRED MEDIA WEBSITE(S) AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. THE WEBSITE (INCLUDING ALL , WITHOUT ANY REPRESENTATION OR WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTNON- INFRINGEMENT. SKYNET LABS IN ADDITION, PREFERRED MEDIA MAKES AND PROVIDES NO REPRESENTATIONSGUARANTY OR ASSURANCE THE PREFERRED MEDIA WEBSITE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, WARRANTIES PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR GUARANTEES THAT OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Preferred Media website. You acknowledge and agree that you are assuming the entire risk of using the Preferred Media website and the services, features and functions of and/or associated with the Preferred Media website. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Preferred Media, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE Preferred Media WEBSITE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you. THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. Preferred Media DISCLAIMS ALL OF ITS CONTENT LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORISED OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE THAT IS IN VIOLATION OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, AGREEMENT OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR ANY THIRD PARTYCOUNTRY.
Appears in 1 contract
Sources: Terms and Conditions of Use
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE 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" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS.AVAILABLE" WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKKIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKYNET LABS DISCLAIMS WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL REPRESENTATIONSIMPLIED WARRANTIES REGARDING THE SITE, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSSCORRECTNESS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGACCURACY, OR OTHER SECURITY INTRUSIONRELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES LICENSORS DO NOT REPRESENT OR GUARANTEES THAT THE USE WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR THE RESULTS OF THE USE OF THE WEBSITE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (INCLUDING ALL II) YOUR ACCESS TO OR USE OF ITS CONTENT THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR SERVICESFREE FROM ERROR, (III) ARE OR USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, RELIABLE(III) THE SITE, CURRENTTHE APP AND THE SMART CONTRACTS OR ANY CONTENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSERVICES, OR DISCONTINUE 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 ASPECT 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 FEATURE ALL OF THE WEBSITE 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 LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO MODIFYANY LOSSES, SUSPENDDAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA 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 APP, ETHEREUM NETWORK, OR DISCONTINUE THE WEBSITE, IT WILL METAMASK ELECTRONIC WALLET. EvoS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED 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 BE LIABLE RESPONSIBLE FOR LOSSES DUE TO YOU BLOCKCHAINS OR ANY THIRD PARTYOTHER 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
Sources: Terms of Use
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING a. YOU ACKNOWLEDGE AND AGREE THAT:
i. ALL USE OF THE CONTENT SOFTWARE, EQUIPMENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK.
ii. THE INFORMATION, SOFTWARE, EQUIPMENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MONITOR ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND.
iii. MONITOR DOES NOT GUARANTEE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE OPERATION OF THE SOFTWARE, EQUIPMENT AND SERVICES.
iv. MONITOR DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT AND SERVICES WILL MEET YOUR REQUIREMENTS.
v. MONITOR DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, EQUIPMENT AND SERVICES WILL BE ACCURATE OR RELIABLE.
vi. NEITHER MONITOR NOR ITS EMPLOYEES, CONTRACTORS, OFFICERS OR DIRECTORS ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, INCLUDING WITHOUT LIMITATION, ANY E-MAIL MESSAGES OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.
vii. MONITOR IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY.
viii. NEITHER MONITOR NOR ITS EMPLOYEES, CONTRACTORS, OFFICERS OR DIRECTORS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF MONITOR OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES BY YOU OR ANY THIRD PARTY.
ix. MONITOR IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE, MATERIAL, INFORMATION OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSSERVICES.
b. MONITOR MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, EQUIPMENT AND SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. MONITOR EXPRESSLY DISCLAIMS ALL CONDITIONS, EITHER EXPRESS WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED CONDITIONS OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYOTHERWISE.
Appears in 1 contract
Sources: Internet Service Agreement
Disclaimers. AS IS" BASISYOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS AN UNRELIABLE, UNSECURED, AND ERROR-PRONE NETWORK AND ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ AND SELLER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO MY H&M OR THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE. THE WEBSITE (INCLUDING ALL YOU AGREE TO HOLD ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ AND SELLER HARMLESS FOR ANY INTERRUPTIONS OF THE CONTENT AND SERVICES AVAILABLE ON ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, OR YOUR INABILITY TO REACH OR EFFECTIVELY USE THE WEBSITE) ARE PROVIDED TO YOU "AS IS▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇." ▇▇▇ WEB SITE. IN NO EVENT SHALL ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ OR SELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF MY H&M H&M. MY H&M AND THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, ARE PROVIDED ON AN AS IS, WHERE IS BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR CONDITIONS OF MERCHANTABILITYIMPLIED, MERCHANTABLE QUALITYINCLUDING WITHOUT LIMITATION, DURABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE . ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES SELLER DO NOT WARRANT THAT THE WEBSITE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH MY H&M OR THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, WILL BE FREE FROM LOSSTIMELY, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTSECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ AND SELLER MAKE NO WARRANTY THAT THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ OR THROUGH THE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ RESERVES THE RIGHT TO SUSPEND, POSTPONE OR CANCEL ANY ACCESS TO ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFYIF ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ DETERMINES, SUSPENDIN ITS SOLE DISCRETION, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESUCH ACTION IS APPROPRIATE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF SUCH SUSPENSION, POSTPONEMENT OR ANY THIRD PARTYCANCELLATION.
Appears in 1 contract
Sources: Confidentiality Agreement
Disclaimers. AS IS" BASISThere are certain risks in using any information, software, or products found on the Internet. We caution you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Visitors to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ assume all responsibility and risk for the use of ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Information published on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND. ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, WE DO NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP TO DATE, NOR DO WE WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE (CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH WE ASSUME NO RESPONSIBILITY. ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE CONTENT AND SERVICES MATERIALS AVAILABLE ON THE WEBSITE) THIRD PARTY SITES, ARE PROVIDED TO YOU ON AN "AS IS." AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDINGWE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONTITLE, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYNON-INFRINGEMENT.
Appears in 1 contract
Sources: User Agreement
Disclaimers. 9.1 Neither Energy Systems, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. In no event will Energy Systems, the DOE, or any person acting on behalf of any of them be liable for any incidental, special or consequential damages resulting from the license granted pursuant to this Agreement or the use or commercial development of the Proprietary Rights.
9.2 EXCEPT AS IS" BASIS. SET FORTH HEREINABOVE, NEITHER ENERGY SYSTEMS, THE WEBSITE DOE, NOR PERSONS ACTING ON THEIR BEHALF MAKE ANY WARRANTY, EXPRESS OR IMPLIED: (INCLUDING ALL 1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. TO FURTHERMORE, ENERGY SYSTEMS AND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGFOR ANY PRODUCTS MANUFACTURED, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUSED, OR OTHER SECURITY INTRUSIONSOLD BY LICENSEE. NEITHER ENERGY SYSTEMS NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY EVENT. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT FILED SEPARATELY WITH THE USE OR THE RESULTS SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE USE SECURITIES ACT OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE1933, RELIABLEAS AMENDED.
9.3 Licensee agrees to indemnify Energy Systems, CURRENTthe DOE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICEand persons acting on their behalf for all damages, SKYNET LABS MAY MODIFYcosts, SUSPENDand expenses, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYincluding attorneys' fees, SUSPENDarising from, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYbut not limited to [ * ].
Appears in 1 contract
Sources: Patent License Agreement (Caliper Technologies Corp)
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. , AND THAT THE SERVICE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXCEPT TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSOR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONSOF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY CONTENT; AND (B) DISCLAIM ALL WARRANTIES, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS (I) OF MERCHANTABILITY, MERCHANTABLE CORRECTNESS, ACCURACY, RELIABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE WEBSITE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGOR FREE OF HARMFUL COMPONENTS, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES OTHERWISE MEET YOUR REQUIREMENTS; (IV) THAT THE USE SERVICES OR ANY CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON OR THROUGH THE RESULTS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 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. WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SERVICES SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCONTENT, OR DISCONTINUE ANY ASPECT LINKED OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPENDASSOCIATED CONTENT WITH DIGITAL ASSETS, OR DISCONTINUE ANY DIGITAL ASSETS YOU INTERACT WITH WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE WEBSITESECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, IT WHETHER ORAL OR OBTAINED FROM SKY ▇▇▇▇▇ INDEMNITEES (AS DEFINED BELOW) OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD ▇▇▇ ▇▇▇▇▇ RESPONSIBLE FOR ANY BREACH OF SECURITY. ▇▇▇ ▇▇▇▇▇ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO YOU VULNERABILITY OR ANY THIRD PARTYKIND OF FAILURE, ABNORMAL BEHAVIOR OR SOFTWARE (E.G. WALLET, SMART CONTRACT, GAMES), BLOCKCHAINS OR ANY OTHER FEATURES OF DIGITAL ASSETS. ▇▇▇ ▇▇▇▇▇ IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE GAMES OR SUPPORTING BLOCKCHAINS FOR ANY DIGITAL ASSETS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. (a) OTHER THAN THE EXPRESS WARRANTIES (AND THEN AS IS" BASIS. TO INSTRUCTURE ONLY AND NO OTHER PERSON), IF ANY, SET FORTH IN THE WEBSITE (SERVICES AGREEMENT OR THIS SERVICE ADDENDUM, NEITHER INSTRUCTURE NOR ANY OTHER PERSON PROVIDES ANY EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND THIS SERVICE ADDENDUM, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, SKYNET LABS AND INSTRUCTURE HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONSSUCH WARRANTIES, INCLUDING WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT, OR THE COMPLIANCE OF THE SERVICES WITH ANY LEGAL, REGULATORY AND/OR OTHER REQUIREMENTS APPLICABLE TO MEMBER, EXCEPT AS OTHERWISE PROVIDED IN THE SERVICE ADDENDUM OR IN THE SERVICES AGREEMENT. THESE DISCLAIMERS SHALL APPLY EXCEPT TO THE EXTENT, IF AT ALL, THAT APPLICABLE LAW DOES NOT PERMIT THEM.
(b) FOR THE AVOIDANCE OF DOUBT, UNIZIN IS NOT PROVIDING THE SERVICES, OR ANY OTHER SERVICES, LICENSES, PRODUCTS, OFFERINGS OR SERVICES OF ANY KIND, TO MEMBER IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND NONINFRINGEMENT. SKYNET LABS THIS SERVICE ADDENDUM, AND THEREFORE, UNIZIN MAKES NO REPRESENTATIONSWARRANTIES, WARRANTIES WHETHER EXPRESS OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONIMPLIED, AND SKYNET LABS EXPRESSLY DISCLAIMS ANY LIABILITY RELATING THERETOALL WARRANTIES IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND THE SERVICE ADDENDUM INCLUDING
(c) For the purpose of further clarification, and notwithstanding anything to the contrary express or implied herein, , Member acknowledges that all references, representations, warranties and covenants made in the Services Agreement or herein (including in any Exhibits attached hereto), whether express or implied, concerning in any way Instructure and/or any of the Services, are made by Instructure alone and not by or in conjunction with Unizin. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYMember shall inform Users that the Services are being provided by Instructure.
Appears in 1 contract
Disclaimers. IT IS UNDERSTOOD BY YOU THAT THE SOFTWARE PRODUCT HAS NOT BEEN THOROUGHLY TESTED AND MAY CONTAIN DEFECTS AND THAT THE AUTHOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT BETA VERSIONS AND FINAL VERSION OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS FURTHER UNDERSTOOD BY YOU THAT NO COMMITMENT EXISTS ON THE PART OF THE AUTHOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR USE BY YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS. THE WEBSITE (INCLUDING ALL BASIS AND THAT YOUR USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS SOFTWARE PRODUCT SHALL BE AT YOUR OWN SOLE RISK. YOU ALSO AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSIN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY (i) DIRECT, WARRANTIES SPECIAL, INDIRECT, INCIDENTAL OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGCONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS LOSS OF MERCHANTABILITYDATA, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGLOST PROFITS, OR OTHER SECURITY INTRUSIONEXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS EVEN IF ADVISED OF THE USE POSSIBILITY OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSUCH DAMAGES, OR DISCONTINUE (ii) ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.OTHER CLAIM,
Appears in 1 contract
Sources: End User License Agreement
Disclaimers. DEALER EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER'S USE OF THE SERVICES AND THE PROVIDED CONTENT IS AT DEALER'S SOLE RISK AND ARE PROVIDED "AS IS" BASIS. AND "AS AVAILABLE." IN PARTICULAR, SHIFT DIGITAL, SUBARU, THE WEBSITE SERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (INCLUDING ALL A) DEALER'S USE OF THE SERVICES OR THE PROVIDED CONTENT AND SERVICES AVAILABLE ON THE WEBSITEWILL MEET DEALER'S REQUIREMENTS, OR (B) ARE PROVIDED TO YOU "AS IS." ANY DEALER'S USE OF THIS WEBSITE THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT YOUR DEALER'S OWN RISKDISCRETION AND RISK AND THAT DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR SUBARU, OR THROUGH OR FROM THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUSE OF THE SERVICES SHALL CREATE ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SKYNET LABS DISCLAIMS SHIFT DIGITAL, SUBARU AND EACH SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL REPRESENTATIONSREPRESENTATIONS AND WARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE PROVIDED CONTENT INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYNON-INFRINGEMENT.
Appears in 1 contract
Sources: Universal Terms and Conditions of Use and End User License Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. 10.1 TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MEDTRAINER HEREBY DISCLAIMS ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYTITLE, DURABILITYNON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE QUALITY, ACCURACY, QUIET ENJOYMENT OR AVAILABILITY. THE SERVICES AND NONINFRINGEMENTTHEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SKYNET LABS MAKES MEDTRAINER AND OUR AFFILIATES, PARENTS AND SUBSIDIARIES, WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONSWARRANTY THAT (i) THE SERVICES AND MATERIALS AVAILABLE ON THE SERVICES WILL MEET YOUR REQUIREMENTS, WARRANTIES OR GUARANTEES THAT (ii) THE WEBSITE SERVICES AND MATERIALS WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR THE RESULTS SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
10.2 ALL CONTENT PROVIDED BY OR THROUGH MEDTRAINER AND OUR AFFILIATES AND ANY OF OUR SERVICES MUST BE VIEWED AND EVALUATED BY YOU AND ANY END USER(S) TO ENSURE IT IS SUITABLE FOR YOUR OR THEIR PURPOSE. IN THE EVENT OF LINKS TO THIRD-PARTY CONTENT, WE DO NOT GUARANTEE THE INFORMATION PROVIDED ON EXTERNAL WEBSITES OR DOMAINS IS ACCURATE OR COMPLETE. WE HAVE NO CONTROL OVER THE CONTENT, ACTIVITIES, SECURITY OR PRIVACY POLICIES OF THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND WE ACCEPT NO RESPONSIBILITY FOR THE SAME.
10.3 WE DO NOT GUARANTEE CONTENT WILL BE ACCEPTED BY THIRD PARTY ACCREDITATION ENTITIES, STATES, OR OTHER LICENSING BODIES FOR ANY PURPOSE, QUALIFIES FOR PROFESSIONAL CONTINUING EDUCATION REQUIREMENTS OF ANY KIND, OR IS SPECIFICALLY SUITED FOR ANY FURTHER PURPOSE ANTICIPATED BY THE END USER. WE DO NOT GUARANTEE OR WARRANT THE OUTCOME OF OUR SERVICES, INCLUDING TRAINING AND ACCREDITATION SERVICES. WE DO NOT GUARANTEE THAT A USER OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED ACCREDITED OR WITHOUT ERRORSCREDENTIALED BY A PARTICULAR ORGANIZATION. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, WE HAVE NO CONTROL OVER THE ACTIONS OF A CREDENTIALING ORGANIZATION OR DISCONTINUE ANY ASPECT THIRD PARTIES INVOLVED IN ACCREDITATION OR FEATURE CREDENTIALING AND ACCEPT NO RESPONSIBILITY FOR THE ACTIONS OF THE WEBSITE OR YOUR USE OF THIS WEBSITESUCH ORGANIZATIONS AND THIRD PARTIES. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT IN NO EVENT SHALL WE BE LIABLE TO YOU FOR THE ACTIONS OF ANY CREDENTIALING OR ACCREDITATION ORGANIZATIONS AND THIRD PARTIES IN REGARDING TO THE TRAINING AND CREDENTIALING SERVICES THAT WE PROVIDE.
10.4 THE CONTENT ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR THEIR CONTENT. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. WE MAY CHANGE THE SERVICES AT ANY THIRD PARTYTIME. 10.5 WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL SOFTWARE. IF YOUR USE OF THE SERVICES OR THEIR CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, WEB APPLICATIONS AND THE INTERNET GENERALLY.
10.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
10.7 A LACK OF COMPLIANCE WITH STATE-SPECIFIC CONTRACT LAW SHALL NOT VOID THIS AGREEMENT IN ITS ENTIRETY, BUT SHALL BE RELEVANT ONLY TO THE SPECIFIC APPLICABLE LAW AND THE CUSTOMER DIRECTLY AFFECTED BY SAID LAW.
Appears in 1 contract
Sources: Terms of Service
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE SYSTEM IS AT YOUR OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSTHE SYSTEM IS PROVIDED “AS IS”, WARRANTIES “WHERE IS”, AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR CONDITIONSSTATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONTITLE, AND SKYNET LABS DISCLAIMS NON-INFRINGEMENT. LENNOX DOES NOT GUARANTEE ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE PARTICULAR RESULTS OF THE FROM YOUR USE OF THE WEBSITE (INCLUDING ALL SYSTEM, OR THAT USE OF ITS CONTENT OR SERVICES) ARE OR THE SYSTEM WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSERROR-FREE. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FULL FUNCTIONALITY OF THE WEBSITE SYSTEM REQUIRES AN ACTIVE INTERNET CONNECTION AND THAT LENNOX DOES NOT AND CANNOT GUARANTEE INTERNET AVAILABILITY. AS INTERNET CONNECTIONS ARE INHERENTLY SUBJECT TO INTERFERENCE, YOU ACKNOWLEDGE AND AGREE THAT LENNOX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF YOUR USE INTERNET CONNECTION OR THE SYSTEM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SYSTEM IS NOT INTENDED OR SUITABLE TO BE RELIED UPON IN EMERGENCY SITUATIONS OR ENVIRONMENTS OR OTHER CASES WHERE DELAYS, ERRORS OR INACCURACIES PROVIDED BY THE SYSTEM COULD LEAD TO DEATH, INJURY OR DAMAGE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LENNOX MAKES NO WARRANTIES OF THIS WEBSITEINTEROPERABILITY BETWEEN THE SYSTEM AND ANY HARDWARE OR SOFTWARE THAT IS NOT PROVIDED BY LENNOX. YOU MAY CHOOSE TO ENABLE THIRD PARTIES TO REMOTELY ACCESS THE SYSTEM FOR MAINTENANCE, MONITORING, AND OTHER PURPOSES. LENNOX DOES NOT AND CANNOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH REGARD TO SUCH THIRD PARTIES AND SUCH REMOTE ACCESS. IF SKYNET LABS ELECTS YOU GRANT SUCH ACCESS TO MODIFYTHE SYSTEM, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE YOU HEREBY EXPRESSLY RELEASE LENNOX FROM ANY AND ALL CLAIMS RELATING TO YOU OR ANY SUCH THIRD PARTY’S ACTS OR OMISSIONS.
Appears in 1 contract
Sources: End User License Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING a. YOU ACKNOWLEDGE AND AGREE THAT:
i. ALL USE OF THE CONTENT SOFTWARE, EQUIPMENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK.
ii. THE INFORMATION, SOFTWARE, EQUIPMENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH WVI ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE ” BASIS, WITHOUT WARRANTY OF ANY KIND.
iii. WVI DOES NOT GUARANTEE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE OPERATION OF THE SOFTWARE, EQUIPMENT AND SERVICES.
iv. WVI DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT AND SERVICES WILL MEET YOUR REQUIREMENTS.
v. WVI DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, EQUIPMENT AND SERVICES WILL BE ACCURATE OR RELIABLE.
vi. NEITHER WVI NOR ITS EMPLOYEES, CONTRACTORS, OFFICERS OR DIRECTORS ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, INCLUDING WITHOUT LIMITATION, ANY E-MAIL MESSAGES OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.
vii. WVI IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY.
viii. NEITHER WVI NOR ITS EMPLOYEES, CONTRACTORS, OFFICERS OR DIRECTORS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF WVI OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES BY YOU OR ANY THIRD PARTY.
ix. WVI IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE, MATERIAL, INFORMATION OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSSERVICES.
b. WVI MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, EQUIPMENT AND SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. WVI EXPRESSLY DISCLAIMS ALL CONDITIONS, EITHER EXPRESS WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED CONDITIONS OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYOTHERWISE.
Appears in 1 contract
Sources: Service Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND DIGITAL SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "“AS-IS” AND “AS IS." AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY USE WARRANTIES AND CONDITIONS OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY KIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SERVICE PROVIDERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER SECURITY INTRUSIONHARMFUL 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 SKYNET LABS DISCLAIMS THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS 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, 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 DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, 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 RELATING THERETOFOR 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. WARRANTIES YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT OR GUARANTEES THAT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATETHEIR CORRECTNESS, RELIABLEACCURACY, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDRELIABILITY, OR DISCONTINUE OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY ASPECT LOSS OR FEATURE DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU 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 THIS WEBSITETHE DIGITAL SERVICES. IF SKYNET LABS ELECTS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYYOU.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. 10.1 TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MEDTRAINER HEREBY DISCLAIMS ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYTITLE, DURABILITYNON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE QUALITY, ACCURACY, QUIET ENJOYMENT OR AVAILABILITY. THE SERVICES AND NONINFRINGEMENTTHEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SKYNET LABS MAKES MEDTRAINER AND OUR AFFILIATES, PARENTS AND SUBSIDIARIES, WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONSWARRANTY THAT (i) THE SERVICES AND MATERIALS AVAILABLE ON THE SERVICES WILL MEET YOUR REQUIREMENTS, WARRANTIES OR GUARANTEES THAT (ii) THE WEBSITE SERVICES AND MATERIALS WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR THE RESULTS SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
10.2 ALL CONTENT PROVIDED BY OR THROUGH MEDTRAINER AND OUR AFFILIATES AND ANY OF OUR SERVICES MUST BE VIEWED AND EVALUATED BY YOU AND ANY END USER(S) TO ENSURE IT IS SUITABLE FOR YOUR OR THEIR PURPOSE. IN THE EVENT OF LINKS TO THIRD-PARTY CONTENT, WE DO NOT GUARANTEE THE INFORMATION PROVIDED ON EXTERNAL WEBSITES OR DOMAINS IS ACCURATE OR COMPLETE. WE HAVE NO CONTROL OVER THE CONTENT, ACTIVITIES, SECURITY OR PRIVACY POLICIES OF THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND WE ACCEPT NO RESPONSIBILITY FOR THE SAME.
10.3 WE DO NOT GUARANTEE CONTENT WILL BE ACCEPTED BY THIRD-PARTY ACCREDITATION ENTITIES, STATES, OR OTHER LICENSING BODIES FOR ANY PURPOSE, QUALIFIES FOR PROFESSIONAL CONTINUING EDUCATION REQUIREMENTS OF ANY KIND, OR IS SPECIFICALLY SUITED FOR ANY FURTHER PURPOSE ANTICIPATED BY THE END USER. WE DO NOT GUARANTEE OR WARRANT THE OUTCOME OF OUR SERVICES, INCLUDING TRAINING AND ACCREDITATION SERVICES. WE DO NOT GUARANTEE THAT A USER OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED ACCREDITED OR WITHOUT ERRORSCREDENTIALED BY A PARTICULAR ORGANIZATION. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, WE HAVE NO CONTROL OVER THE ACTIONS OF A CREDENTIALING ORGANIZATION OR DISCONTINUE ANY ASPECT THIRD PARTIES INVOLVED IN ACCREDITATION OR FEATURE CREDENTIALING AND ACCEPT NO RESPONSIBILITY FOR THE ACTIONS OF THE WEBSITE OR YOUR USE OF THIS WEBSITESUCH ORGANIZATIONS AND THIRD PARTIES. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT IN NO EVENT SHALL WE BE LIABLE TO YOU FOR THE ACTIONS OF ANY CREDENTIALING OR ACCREDITATION ORGANIZATIONS AND THIRD PARTIES REGARDING THE TRAINING AND CREDENTIALING SERVICES THAT WE PROVIDE.
10.4 THE CONTENT OF THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR THEIR CONTENT. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. WE MAY CHANGE THE SERVICES AT ANY THIRD PARTYTIME. 10.5 WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL SOFTWARE. IF YOUR USE OF THE SERVICES OR THEIR CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, WEB APPLICATIONS AND THE INTERNET GENERALLY.
10.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
10.7 A LACK OF COMPLIANCE WITH STATE-SPECIFIC CONTRACT LAW SHALL NOT VOID THIS AGREEMENT IN ITS ENTIRETY, BUT SHALL BE RELEVANT ONLY TO THE SPECIFIC APPLICABLE LAW AND THE CUSTOMER DIRECTLY AFFECTED BY SAID LAW.
Appears in 1 contract
Sources: Terms of Service
Disclaimers. THE SERVICE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS" BASIS” AND “AS AVAILABLE” BASIS W ITHOUT W ARRANTIES OR CONDITIONS OF ANYKIND, EITHER EXPRESS OR IMPLIED. NFT ONLINE (AND ITS SUPPLIERS) MAKE NO W ARRANTY THAT THE WEBSITE SERVICE: (INCLUDING ALL OF THE CONTENT AND SERVICES A) W ILL MEET YOUR REQUIREMENTS; (B) W ILL BE AVAILABLE ON THE WEBSITEAN UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE BASIS; OR (C) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKW ILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS NFT ONLINE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OTHER W ARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOW ITHOUT LIMITATION, IMPLIED WARRANTIES W ARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONTITLE, AND SKYNET LABS DISCLAIMS NON- INFRINGEMENT AS TO THE SERVICE OR ANY LIABILITY RELATING THERETOCONTENT CONTAINED THEREIN. WARRANTIES NFT ONLINE DOES NOT REPRESENT OR GUARANTEES W ▇▇▇▇▇▇ THAT CONTENT ON THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSERROR- FREE. WITHOUT PRIOR NOTICEW E W ILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, SKYNET LABS MAY MODIFYCONTAINED ON THE SERVICE. W ▇▇▇▇ NFT ONLINE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SUSPENDNFT ONLINE CANNOT AND DOES NOT REPRESENT OR W ▇▇▇▇▇▇ THAT THE SERVICE, CONTENT, OR DISCONTINUE ANY ASPECT NFTS LISTED ON OUR SERVICE OR FEATURE OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. W E CANNOT GUARANTEE THE WEBSITE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND W ILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. W E W ILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THIS WEBSITETHE SERVICE. IF SKYNET LABS ELECTS TO MODIFYW E TAKE NO RESPONSIBILITY FOR, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL AND W ILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR ANY THIRD PARTY.CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSW ORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL W ALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR
Appears in 1 contract
Sources: NFT Terms
Disclaimers. EXCEPT AS PROVIDED IN THIS SECTION 8, THE SERVICES HEREUNDER ARE PROVIDED “AS IS" BASIS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE WEBSITE (INCLUDING ALL “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE BASIS OF THIS WEBSITE IS AT YOUR OWN RISKAGREEMENT, WITHOUT WHICH ECS WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. TO ECS DOES NOT AND CANNOT WARRANT THE MAXIMUM EXTENT PERMITTED PERFORMANCE OR RESULTS OBTAINED BY APPLICABLE LAWCLIENT IN USING THE SERVICES, SKYNET LABS OR THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. ECS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE PARTICULARPURPOSE AND NONINFRINGEMENTINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, REPRESENTATION OR OTHER SECURITY INTRUSIONAFFIRMATION OF FACT, AND SKYNET LABS DISCLAIMS REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY RELATING THERETOOF ECS WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OR GUARANTEES THAT OTHER THAN THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF EXPRESS WARRANTY IN THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYAGREEMENT.
Appears in 1 contract
Disclaimers. AS IS" BASISi. THE EXPRESS WARRANTIES SET FORTH IN SECTION 9(a) ARE THE ONLY WARRANTIES MADE BY THE COMPANY WITH RESPECT TO THE SERVICE AND THIS AGREEMENT, AND ANY OTHER SOFTWARE, SERVICES, OR MATERIALS PROVIDED BY THE COMPANY. THE WEBSITE (INCLUDING COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, AND ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) SUCH WARRANTIES ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATION, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSWARRANTY, WARRANTIES OR CONDITIONSGUARANTEE AS TO THE RELIABILITY, EITHER EXPRESS OR IMPLIEDTIMELINESS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYSUITABILITY, FITNESS FOR A PARTICULAR PURPOSETRUTH, TITLE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
ii. THE COMPANY AND NONINFRINGEMENTITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
iii. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CUSTOMER UNDERSTANDS THAT THE WEBSITE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THEREFORE ACKNOWLEDGES AND AGREES THAT (1) THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, (2) THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS, (3) THE CUSTOMER WILL BE FREE FROM LOSSRESPONSIBLE FOR ALL ELECTRONIC COMMUNICATIONS, AND (4) THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGLOSS, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS FAILURE TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSTORE CUSTOMER DATA.
Appears in 1 contract
Sources: Software as a Service Agreement
Disclaimers. AS IS" BASISFor 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. THE WEBSITE 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: (INCLUDING ALL A) YOUR USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN SOLE RISK. TO , AND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON OR AVAILABLE THROUGH THE WEBSITE, IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGCOURSE OF DEALING, OR OTHER SECURITY INTRUSION, USAGE OF TRADE; AND SKYNET LABS DISCLAIMS (B) ANY LIABILITY RELATING THERETO. WARRANTIES MATERIAL DOWNLOADED OR GUARANTEES THAT THE USE OR THE RESULTS OF OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE ACCURATESOLELY 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, RELIABLEEACH OF WHICH THE RELEASED PARTIES EXPRESSLY DISCLAIM: • THE WEBSITE WILL MEET YOUR EXPECTATIONS, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDNEEDS, OR DISCONTINUE ANY ASPECT REQUIREMENTS; • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FEATURE ERROR-FREE; • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYRELIABLE; • THE NATURE, SUSPENDQUALITY, OR DISCONTINUE 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, IT WILL 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 STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, WHETHER 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 BE LIABLE CONFORM TO YOU SPECIFICATIONS, OR ANY THIRD PARTYAT NIM’S OPTION TO REFUND THE PURCHASE PRICE OF THE GOODS. The exact cost of back charges must be approved by NIM before the work is done.
Appears in 1 contract
Sources: Website Terms and Conditions of Use
Disclaimers. THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM AND ALL INFORMATION AND OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN PROVIDED ON AN “AS IS" BASIS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. THE WEBSITE (INCLUDING ALL YOUR USE OF ANY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE FOREGOING IS AT YOUR OWN RISK. NEITHER INTERSWITCH NOR ANY OF ITS CURRENT AND FORMER AFFILIATES EMPLOYEES, SUCCESSORS OR ASSIGNS REPRESENT OR WARRANT THAT THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM OR ANY INFORMATION OR OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, CURRENT OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPUTER NETWORK-BASED SERVICES MAY BE SUBJECT TO THE MAXIMUM EXTENT PERMITTED OUTAGES, INTERRUPTIONS, ATTACKS BY APPLICABLE LAW, SKYNET LABS THIRD PARTIES AND DELAY OCCURRENCES. INTERSWITCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGNON-INFRINGEMENT, OR OTHER SECURITY INTRUSIONTITLE. Interswitch assumes no liability or responsibility for any inaccurate or incomplete information or claims that may result from reliance on such information. Without limiting the foregoing and for avoidance of doubt, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOInterswitch, its Affiliates, and their respective licensors, shall not be liable for, and hereby expressly disclaim any liabilities and warranties with respect to, any Open Source Software or other third party components of Materials or Content. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATESome states or provinces do not allow the exclusion of certain warranties, RELIABLEso the above limitations may not apply to You. You may have rights that vary from jurisdiction to jurisdiction; however, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYthe above disclaimers apply to the extent permitted by applicable Law.
Appears in 1 contract
Sources: Developer Console Terms of Use
Disclaimers. EXCEPT AS IS" BASISEXPRESSLY SET FORTH IN SECTION 6.1, THE BORÉALIS PARTIES MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THIS MSA OR THE ONLINE SERVICE. WITHOUT LIMITING THE WEBSITE (INCLUDING ALL OF THE CONTENT FOREGOING, EXCEPT AS EXPRESSLY SET OUT IN SECTION 6.1, AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS THE BORÉALIS PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTIBILITY OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES THE BORÉALIS PARTIES DO NOT REPRESENT OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF WARRANT THAT: (A) THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR ONLINE SERVICE WILL BE ACCURATE, RELIABLE, CURRENTTIMELY, UNINTERRUPTED OR WITHOUT ERRORSOPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE ONLINE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY CUSTOMER THROUGH THE ONLINE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS; (E) THE ONLINE SERVICE WILL BE ERROR-FREE OR THAT ALL ERRORS OR DEFECTS IN THE ONLINE SERVICE WILL BE CORRECTED; OR (F) THE ONLINE SERVICE OR THE SERVER(S) THAT MAKE THE ONLINE SERVICE AVAILABLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WITHOUT PRIOR NOTICETHE ONLINE SERVICE MAY BE SUBJECT TO LIMITATIONS, SKYNET LABS MAY MODIFYDELAYS, SUSPENDAND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE BORÉALIS PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITEOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
7.1 Indemnification by ▇▇▇▇▇▇▇▇. IF SKYNET LABS ELECTS TO MODIFYBoréalis, SUSPENDat its expense, OR DISCONTINUE THE WEBSITEwill defend and pay any settlement amounts and damages, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYcosts and expenses (including reasonable attorneys' fees) awarded by a court of final jurisdiction arising out of any third- party claim, suit or proceeding alleging that Customer's use of the Online Service in accordance with this MSA infringes a third party's copyright or patent issued as of the Effective Date. The foregoing obligations do not apply with respect to a claim of infringement if such claim arises out of (i) Customer's use of infringing Customer Data (ii) use of the Online Service in combination with any software, hardware, network or system not supplied by Boréalis where the alleged infringement relates to such combination, (iii) any modification or alteration of the Online Service other than by Boréalis, (iv) Customer's continued use of the Online Service after Boréalis notifies Customer to discontinue use because of an infringement claim, or (v) Customer's violation of applicable law. If any claim which Boréalis is obligated to defend has occurred, or in Boréalis' determination is likely to occur, Boréalis may, in its sole discretion and at its option and expense (a) obtain for Customer the right to use the allegedly infringing item, (b) substitute a functionally equivalent, non-infringing replacement for such item, (c) modify such item to make it non-infringing and functionally equivalent, or (d) terminate this MSA and refund to Customer any prepaid amounts attributable to the period of time between the date Customer was unable to use the Online Service due to such claim and the remaining days in the then- current Subscription Term.
Appears in 1 contract
Disclaimers. EXCEPT AS IS" BASIS. THE WEBSITE (EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ALL ANY IMPLIED WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE SERVICE IS AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WE DO NOT WARRANT THAT: (INCLUDING ALL OF ITS CONTENT OR SERVICESA) ARE OR OUR SERVICE WILL MEET YOUR REQUIREMENTS;
(B) OUR SERVICE WILL BE ACCURATEUNINTERRUPTED, RELIABLETIMELY, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSECURE, OR DISCONTINUE ERROR-FREE; (C) ANY ASPECT INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR FEATURE RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE SERVICE. NO DATA, INFORMATION OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, ADVICE OBTAINED BY YOU IN ORAL OR DISCONTINUE THE WEBSITE, IT WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT BE LIABLE TO YOU OR ANY THIRD PARTYEXPRESSLY STATED IN THESE TERMS.
Appears in 1 contract
Sources: Service Agreement
Disclaimers. AS IS" BASIS. YOU AGREE THAT YOU USE THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS SITE AT YOUR OWN RISK. THE CONTENT, SERVICES (IF ANY) AND MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RE- LIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKYNET LABS DISCLAIMS WE DISCLAIM ALL REPRESENTATIONSWARRANTIES, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS WARRAN- TIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPA- TIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WE DO NOT WARRANT THAT THE WEBSITE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM LOSSCONTINUOUSLY AVAILABLE, DESTRUCTIONUNINTERRUPTED OR ERROR-FREE, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGTHAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVI- CES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT REPRESENTATIONS REGAR- DING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATETHEIR CORRECTNESS, RELIABLEACCURACY, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDRELIABILITY, OR DISCONTINUE ANY ASPECT OR FEATURE OTHERWISE. YOU ASSUME THE ENTIRE COST OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYALL NECESSARY SERVICING, SUSPENDREPAIR, OR DISCONTINUE CORREC- TION. APPLICABLE LAW MAY NOT ALLOW THE WEBSITEEXCLUSION OF IMPLIED WARRANTIES, IT WILL SO THE ABOVE EX- CLUSION MAY NOT BE LIABLE APPLY TO YOU OR ANY THIRD PARTYYOU. In the event we are held liable by a Court for any damages related to such matters, your sole and exclusive remedy will be limited to an amount of no more than USD$ 100.00. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond six (6) months after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information or content in, such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against VC and/ or any of its owners, partners, subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and em- ployees (individually and collectively, the “VC Releasees”) with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimers. THE WEBSITE AS WELL AS THE ORIGINAL NFTS AND/OR PRINT TOKENS AND THE ARTWORK ASSOCIATED THEREWITH, ARE PROVIDED ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. FOR CLARITY, EULERBEATS MAKES NO GUARANTEES OF ANY KIND IN CONNECTION WITH THE WEBSITE (THE ORIGINAL NFTS, PRINT TOKENS AND/OR THE ARTWORK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND/OR THE ARTWORK MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS OR OTHER MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR PHYSICAL CONDITION. WE ARE NOT RESPONSIBLE WHETHER THE WEBSITE, INCLUDING ALL OF ANY CONTENT THEREIN, ARE ACCURATE, COMPLETE, OR CURRENT. CONTENT IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE CONTENT AND SERVICES AVAILABLE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." , AND ANY USE OF THIS WEBSITE CONTENT THEREIN, IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT THEREIN MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE WEBSITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE WEBSITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWEBSITE THAT MAY AFFECT YOU. WE DO NOT GUARANTEE, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSREPRESENT, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS WARRANT THAT YOUR USE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSSUNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOERROR-FREE. WARRANTIES OR GUARANTEES WE DO NOT WARRANT THAT THE USE OR THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, ACCURATE OR RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS YOU AGREE THAT FROM TIME TO TIME WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF REMOVE THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTYCONTENT THEREIN FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
Appears in 1 contract
Sources: Terms of Service
Disclaimers. AS IS" BASIS. (a) The express remedies set forth in Section 7 will constitute Customer’s exclusive remedies, and Service Provider’s sole obligation and liability, for any claim that a Service hereunder does not conform to specifications or is otherwise defective, or that the Services were performed improperly.
(b) Service Provider shall not be responsible for impairments to the Services caused by acts within the control of Customer or its employees, agents, contractors, suppliers or licensees, the interoperability of Customer applications, or other cause reasonably within Customer’s control and not reasonably related to services provided under this Agreement.
(c) EXCEPT FOR THE WEBSITE (INCLUDING ALL OF WARRANTIES IN SECTION 7 MADE BY THE CONTENT SERVICE PROVIDER, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CUSTOMER, THE SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "STRICTLY “AS IS." ” SERVICE PROVIDER DOES NOT MAKE ANY USE ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF THIS WEBSITE IS AT YOUR OWN RISK. DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES PROVIDED HEREUNDER, SKYNET LABS DISCLAIMS OR ANY MATTER WHATSOEVER. THE PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYMERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES NON-INFRINGEMENT.
(d) SERVICE PROVIDER DOES NOT WARRANT THAT THE WEBSITE SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF ANY DELIVERABLES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUNINTERRUPTED OR ERROR-FREE, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR ERRORS WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITECORRECTED. IF SKYNET LABS ELECTS PRE-PRODUCTION RELEASES OF SOFTWARE ARE PROVIDED TO MODIFYCUSTOMER, SUSPENDSUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY.
(e) Except as may be done in accordance with Section 15(b), OR DISCONTINUE THE WEBSITEno statement by any Service Provider employee or agent, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYorally or in writing, will serve to create any warranty or obligation not set forth herein or to otherwise modify this Agreement in any way whatsoever.
Appears in 1 contract
Sources: Managed Services Agreement
Disclaimers. A. THE NASA SOFTWARE AND/OR TECHNICAL DATA ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL ” WITHOUT ANY WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS EXPRESSED, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE NASA SOFTWARE AND/OR TECHNICAL DATA WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSOR FREEDOM FROM INFRINGEMENT, WARRANTIES OR GUARANTEES ANY WARRANTY THAT THE WEBSITE NASA SOFTWARE AND/OR TECHNICAL DATA WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGERROR FREE, OR OTHER SECURITY INTRUSIONANY WARRANTY THAT TECHNICAL DATA, IF PROVIDED, WILL CONFORM TO THE NASA SOFTWARE. IN NO EVENT SHALL THE UNITED STATES GOVERNMENT, OR ITS CONTRACTORS OR SUBCONTRACTORS, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE NASA SOFTWARE AND/OR TECHNICAL DATA, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE; WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE; AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE NASA SOFTWARE AND/OR TECHNICAL DATA.
B. THE UNITED STATES GOVERNMENT DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD PARTY COMPUTER SOFTWARE, DATA, OR DOCUMENTATION, IF PRESENT IN THE NASA SOFTWARE AND/OR TECHNICAL DATA, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, DISTRIBUTES IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY“AS IS.”
Appears in 1 contract
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL REPRESENTATIONSFAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONSENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO: • THE SERVICE; • THE WEBSITE CONTENT; • USER CONTENT; OR • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND NONINFRINGEMENTFREEDOM FROM COMPUTER VIRUS. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES WE DO NOT REPRESENT OR GUARANTEES WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM LOSSANY HARMFUL COMPONENTS, DESTRUCTIONINCLUDING, DAMAGE, CORRUPTION, ATTACKWITHOUT LIMITATION, VIRUSES, INTERFERENCE, HACKINGWORMS, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY LIABILITY RELATING THERETO. REPRESENTATIONS OR WARRANTIES OR GUARANTEES THAT THE USE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR THE RESULTS OF THE USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSIS AT YOUR SOLE RISK. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR YOUR USE DO NOT ALLOW THE DISCLAIMER OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, IMPLIED OR DISCONTINUE OTHER WARRANTIES SO THE WEBSITE, IT WILL ABOVE DISCLAIMER MAY NOT BE LIABLE APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY THIRD PARTYRESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL A) YOU EXPRESSLY AGREE THAT USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSWEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDINGCOMPANY AND ITS OFFICERS, BUT NOT LIMITED TODIRECTORS, IMPLIED EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR CONDITIONS INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, ; (4) WARRANTIES FOR SERVICES OR GUARANTEES GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(B) CONSULT WITH YOUR BROKER OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE PRIOR EXECUTING A STOCK TRADE OR MAKING OTHER FINANCIAL DECISIONS. NEITHER COMPANY NOR ITS INFORMATION/CONTENT PROVIDERS SHALL HAVE ANY LIABILITY RELATING THERETO. WARRANTIES FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ACCESSIBLE VIA THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
Appears in 1 contract
Sources: User Agreement
Disclaimers. EXCEPT AS IS" BASIS. THE WEBSITE EXPRESSLY PROVIDED IN SECTION 7.2 (HITRUST REPRESENTATIONS AND WARRANTIES), HITRUST MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND HITRUST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ALL ANY IMPLIED WARRANTY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS . CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL REPRESENTATIONSLIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WHILE HITRUST ENDEAVORS TO PROVIDE RELIABLE INFORMATION, WARRANTIES SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR CONDITIONSTHROUGH THE SERVICES OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, EITHER OMISSIONS, OR OTHER INACCURACIES. HITRUST IS NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY CUSTOMER OR ANY OTHER PERSON THAT ARE AVAILABLE THROUGH OR FROM THE SERVICES OR CONTENT. HITRUST MAY MAKE MODIFICATIONS TO THE SERVICES AND CONTENT AND ANY INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED IN CONNECTION THEREWITH AT ANY TIME AND FOR ANY REASON. CUSTOMER ASSUMES THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE THROUGH THE SERVICES AND CONTENT. HITRUST MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR OTHERWISE RELATING TO THE RESULTS THAT CAN BE ACHIEVED FROM, IMPLIED OR THE USE, FUNCTIONALITY, AVAILABILITY, SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE THROUGH THE SERVICES AND CONTENT FOR ANY PURPOSE. HITRUST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE SERVICES OR CONTENT WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, OR SECURELY, OR THAT THE SERVICES OR ANY FILES OR INFORMATION THAT CUSTOMER OBTAINS OR DOWNLOADS FROM THE SERVICES OR CONTENT WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OF MALICIOUS CODE OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES CONTAMINATION OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYDESTRUCTIVE FEATURES.
Appears in 1 contract
Sources: Subscription Agreement
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS IS" ” AND ‘AS AVAILABLE’ BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT LANYON, ITS LICENSORS AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO(I) ANY WARRANTY THAT SERVICES ARE FREE OF ERRORS, OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED, (II) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND NONINFRINGEMENTFREEDOM FROM VIRUSES OR ANY OTHER MALICIOUS CODE. SKYNET LABS MAKES NO REPRESENTATIONSCLIENT ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CLIENT DATA. ACCORDINGLY, WARRANTIES ▇▇▇▇▇▇ CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR GUARANTEES AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CLIENT’S DATA, ▇▇▇▇▇▇ MAY SUSPEND CLIENT’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. CLIENT ACKNOWLEDGES THAT THE WEBSITE WILL SERVICES AVAILABILITY MAY BE FREE FROM LOSSSUBJECT TO LIMITATIONS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONDELAYS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF OTHER PROBLEMS INHERENT IN THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT INTERNET AND ELECTRONIC COMMUNICATIONS. LANYON IS NOT RESPONSIBLE OR SERVICES) ARE OR WILL DEEMED TO BE ACCURATEIN DEFAULT FOR ANY DELAYS, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDDELIVERY FAILURES, OR DISCONTINUE OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, OR UNAVAILABILITY RELATED TO CLIENT’S APPLICATIONS, CLIENT DATA, OR CLIENT’S EQUIPMENT, OR THE ACTS OR OMISSIONS OF ANY ASPECT OR FEATURE USER OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSERVICES.
Appears in 1 contract
Sources: Master Services Agreement
Disclaimers. AS IS" BASISThe express remedies set forth in this Agreement will constitute Client’s exclusive remedies, and InsITe’s sole obligation and liability, for any claim (a) that a Product or Service or deliverable provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. EXCEPT FOR THE WEBSITE (INCLUDING ALL OF WARRANTIES MADE BY INSITE IN SECTION 12, WHICH ARE LIMITED WARRANTIES AND THE CONTENT ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND SERVICES AVAILABLE ON THE WEBSITE) DELIVERABLES ARE PROVIDED TO YOU STRICTLY "AS AS-IS." INSITE DOES NOT MAKE ANY USE ADDITIONAL WARRANTIES, EXPRESSED, IMPLIED, ARISING FROM COURSE OF THIS WEBSITE IS AT YOUR OWN RISK. DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDELIVERABLES OR SERVICES PROVIDED HEREUNDER, SKYNET LABS DISCLAIMS OR ANY MATTER WHATSOEVER. THE PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES INSITE DOES NOT WARRANT THAT THE WEBSITE SERVICES OR ANY DELIVERABLES WILL MEET ANY CLIENT REQUIREMENTS NOT SET FORTH HEREIN, THAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, THAT THE OPERATION OF ANY DELIVERABLES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGUNINTERRUPTED OR ERROR-FREE, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR ERRORS WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITECORRECTED. IF SKYNET LABS ELECTS PRE-PRODUCTION (E.G., "ALPHA" OR "BETA") RELEASES OF SOFTWARE ARE PROVIDED TO MODIFYCLIENT, SUSPENDSUCH COPIES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. No statement by any InsITe employee or agent, OR DISCONTINUE THE WEBSITEorally or in writing, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYwill serve to create any warranty or obligation not set forth herein or to otherwise modify this Agreement in any way whatsoever.
Appears in 1 contract
Sources: Professional Services
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE i. PROGRAM PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PROGRAM IS AT THE USER’S OWN RISK AND IS PROVIDED WITHOUT WARRANTIES OR CONDITIONSREPRESENTATIONS OF ANY KIND OR NATURE, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, OR ANY WARRANTY, GUARANTEE, OR REPRESENTATION ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE OR PRACTICE. ANY CONTENT DOWNLOADED FROM THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND NONINFRINGEMENTTHE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
ii. SKYNET LABS ERRORS, OMISSIONS. RGX MAKES NO REPRESENTATIONSREPRESENTATION OR WARRANTY REGARDING AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, WARRANTIES MISTAKES, OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, CORRUPTIONOF ANY NATURE WHATSOEVER, ATTACKRESULTING FROM USER ACCESS TO OR USE OF THE PROGRAM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM; (V) ANY BUGS, VIRUSES, INTERFERENCE, HACKINGTROJAN HORSES, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE; (VI) ANY LIABILITY RELATING THERETO. WARRANTIES ERRORS OR GUARANTEES THAT THE USE OMISSIONS IN ANY CONTENT OR THE RESULTS FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS ANY CONTENT OR SERVICES) ARE OR WILL BE ACCURATEPOSTED, RELIABLEEMAILED, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDTRANSMITTED, OR DISCONTINUE OTHERWISE MADE AVAILABLE.
iii. NOT RESPONSIBLE FOR PERSONAL DATA OR SENSITIVE DATA. EXCEPT AS EXPLICITLY PROVIDED IN THE PRIVACY POLICY, RGX IS NOT LIABLE FOR THE COLLECTION, USE, PROCESSING, SECURITY, PRIVACY, OR DISCLOSURE OF USER CONTENT DATA BREACHES OR ANY ASPECT LOSS, MISUSE OR FEATURE MISAPPROPRIATION OF DATA. ALL USER CONTENT AND DATA IS MADE AVAILABLE TO THE WEBSITE PLATFORM AT THE USER’S SOLE RISK. WE DO NOT COLLECT OR YOUR USE OF PROCESS PERSONAL DATA EXCEPT AS EXPLICITLY PROVIDED IN THIS WEBSITEAGREEMENT OR PRIVACY POLICY. RGX DOES NOT PROVIDE ANY DATA PROTECTION, DATA PRIVACY, OR DATA SECURITY TERMS OR CONDITIONS THAT VENDOR AND CUSTOMER MUST FOLLOW. IF SKYNET LABS ELECTS TO MODIFYVENDOR OR CUSTOMER REQUIRES ANY DATA PROTECTION, SUSPENDDATA PRIVACY, OR DISCONTINUE THE WEBSITEDATA SECURITY, OR SIMILAR TERMS, IT WILL NOT BE LIABLE TO YOU MUST INCLUDE THEM AS SEPARATE ITEMS IN THEIR JOBS OR ANY THIRD PARTYBIDS, AS APPLICABLE.
Appears in 1 contract
Sources: Terms of Service Agreement
Disclaimers. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. GHX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE WEBSITE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NONINFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. GHX MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICES OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM GHX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE TO ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITEFOLLOWING: (I) ARE PROVIDED TO YOU "AS IS." ANY ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE THE SERVICES; (II) USE OF THE SERVICES IS AT YOUR OWN RISK. ; (III) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (IV) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSAND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, WARRANTIES NEITHER GHX NOR ITS AFFILIATES, SUPPLIERS, OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE THIRD-PARTY CONTENT PROVIDERS WILL BE FREE FROM LOSSLIABLE FOR ANY DIRECT, DESTRUCTIONINDIRECT, DAMAGEPUNITIVE, CORRUPTIONEXEMPLARY, ATTACKINCIDENTAL, VIRUSESSPECIAL, INTERFERENCE, HACKINGCONSEQUENTIAL, OR OTHER SECURITY INTRUSIONDAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION PROVIDED AS PART OF THE SERVICES (INCLUDING WITHIN THE VENDORMATE APP) OR FROM ANY ACTIONS GHX TAKES OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO GHX, AND SKYNET LABS DISCLAIMS OR ANY LIABILITY RELATING THERETO. WARRANTIES DELAY OR GUARANTEES THAT INABILITY TO USE THE USE SERVICES, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE RESULTS SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE (INCLUDING ALL SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GHX, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL GHX’S LIABILITY ARISING OUT OF OR SERVICES) ARE RELATED TO THE SERVICES OR WILL BE ACCURATETHE AGREEMENT, RELIABLEWHETHER IN CONTRACT, CURRENTTORT OR UNDER ANY OTHER THEORY OF LIABILITY EXCEED IN THE AGGREGATE THE TOTAL FEES PAID BY YOU TO GHX FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO ANY CLAIM AGAINST GHX (SUCH AMOUNT BEING INTENDED AS A CUMULATIVE CAP AND NOT PER INCIDENT). THESE DISCLAIMERS AND LIMITATIONS APPLY, UNINTERRUPTED WITHOUT LIMITATION, TO ANY DAMAGES OR WITHOUT ERRORS. WITHOUT PRIOR NOTICEINJURY ARISING FROM ANY ERROR, SKYNET LABS MAY MODIFYOMISSION, SUSPENDDEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR DISCONTINUE NETWORK OR SYSTEM OUTAGE RELATING TO THE SERVICES. THESE DISCLAIMERS AND LIMITATIONS APPLY ALSO APPLY TO ANY ASPECT TANGIBLE OR FEATURE INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GHX, ITS AFFILIATES, AND THEIR SUPPLIERS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THE SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. THE PARTIES HEREBY AGREE THAT THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE AN ESSENTIAL PART OF THE CONSIDERATION BARGAINED FOR UNDER THE AGREEMENT, WITHOUT WHICH GHX WOULD NOT HAVE ENTERED INTO THE PACKAGE TERMS OR PROVIDED THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Agreement and your use of the Services are governed by such laws of the United States and the State of Colorado. By accepting these Package Terms or using the Services, you irrevocably consent to the jurisdiction of the courts located in the State of Colorado for any action arising out of or relating to use of the Services or to the Agreement.
Appears in 1 contract
Sources: Service Package Terms
Disclaimers. THE SERVICE, CONTENT CONTAINED THEREIN, AND TOKENS LISTED THEREIN ARE PROVIDED ON AN “AS IS" BASIS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLAYER ZERO RECORDS (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE SERVICE: (INCLUDING ALL OF THE CONTENT AND SERVICES A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON THE WEBSITEAN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKWILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS PLAYER ZERO RECORDS DISCLAIMS ALL REPRESENTATIONS, OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONTITLE, AND SKYNET LABS DISCLAIMS NON-INFRINGEMENT AS TO THE SERVICE OR ANY LIABILITY RELATING THERETOCONTENT CONTAINED THEREIN. WARRANTIES PLAYER ZERO RECORDS DOES NOT REPRESENT OR GUARANTEES WARRANT THAT CONTENT ON THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSERROR-FREE. WITHOUT PRIOR NOTICEWE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, SKYNET LABS MAY MODIFYCONTAINED ON THE SERVICE. WHILE PLAYER ZERO RECORDS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SUSPENDPLAYER ZERO RECORDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR DISCONTINUE ANY ASPECT TOKENS LISTED ON OUR SERVICE OR FEATURE OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE WEBSITE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THIS WEBSITETHE SERVICE. IF SKYNET LABS ELECTS TO MODIFYWE TAKE NO RESPONSIBILITY FOR, SUSPEND, OR DISCONTINUE THE WEBSITE, IT AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR ANY THIRD PARTY.CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR
Appears in 1 contract
Sources: NFT Terms
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND TEGRO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. TEGRO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TEGRO DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. ▇▇▇▇▇ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. AS IS" BASISYou acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that the City of Monterey does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the City of Monterey's ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Agreement and it would require a substantial charge if any of these provisions were unenforceable. THE WEBSITE (INCLUDING ALL OF SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) SERVICE ARE PROVIDED TO YOU ON AN "AS IS." ", “AS AVAILABLE” BASIS WITHOUT ANY USE WARRANTIES OF THIS WEBSITE IS AT YOUR OWN RISKANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCITY OF MONTEREY DOES NOT MAKE, SKYNET LABS DISCLAIMS AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS, OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NONINFRINGEMENT AND NONINFRINGEMENTTITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CITY OF MONTEREY DOES NOT WARRANT THAT THE WEBSITE SERVICES WILL BE FREE FROM LOSSPERFORM AT A PARTICULAR SPEED, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEUNINTERRUPTED, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDERROR-FREE, OR DISCONTINUE SECURE. UNDER NO CIRCUMSTANCES SHALL THE CITY OF MONTEREY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY ASPECT NATURE, OR FEATURE FOR ANY LOST REVENUES, LOST PROFITS, OR LOSS OF BUSINESS RELATING TO PROVIDING THE SERVICE OR THESE TERMS OF SERVICE REGARDLESS OF THE WEBSITE CAUSE OF ACTION, AND WHETHER OR YOUR USE OF THIS WEBSITENOT FORESEEABLE. IF SKYNET LABS ELECTS TO MODIFYThe limitations, SUSPENDexclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYexclusions and disclaimers.
Appears in 1 contract
Sources: Public Wi Fi Terms of Service
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND ▇▇▇▇▇▇.▇▇▇ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. ▇▇▇▇▇▇.▇▇▇ DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. ▇▇▇▇▇▇.▇▇▇ DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. ▇▇▇▇▇▇.▇▇▇ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD- PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD- PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. , AND THAT THE SERVICE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXCEPT TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSOR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONSOF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY CONTENT; AND (B) DISCLAIM ALL WARRANTIES, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS (I) OF MERCHANTABILITY, MERCHANTABLE CORRECTNESS, ACCURACY, RELIABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE WEBSITE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGOR FREE OF HARMFUL COMPONENTS, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES OTHERWISE MEET YOUR REQUIREMENTS; (IV) THAT THE USE SERVICES OR ANY CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON OR THROUGH THE RESULTS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 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. WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT SERVICES SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDCONTENT, OR DISCONTINUE ANY ASPECT LINKED OR FEATURE OF THE WEBSITE ASSOCIATED CONTENT WITH RONIN NAMES OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPENDDIGITAL ASSETS, OR DISCONTINUE ANY DIGITAL ASSETS OR RONIN NAMES YOU INTERACT WITH WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE WEBSITESECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, IT WHETHER ORAL OR OBTAINED FROM SKY ▇▇▇▇▇ INDEMNITEES (AS DEFINED BELOW) OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD ▇▇▇ ▇▇▇▇▇ RESPONSIBLE FOR ANY BREACH OF SECURITY. ▇▇▇ ▇▇▇▇▇ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO YOU VULNERABILITY OR ANY THIRD PARTYKIND OF FAILURE, ABNORMAL BEHAVIOR OR SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF RONIN NAMES. ▇▇▇ ▇▇▇▇▇ IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE SUPPORTING BLOCKCHAINS FOR ▇▇▇▇▇ NAMES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Appears in 1 contract
Sources: Terms of Use
Disclaimers. 1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS.AVAILABLE" WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. KIND, WHETHER EXPRESS OR IMPLIED TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKYNET LABS DISCLAIMS WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL REPRESENTATIONS, IMPLIED WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, REGARDING THE APP AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABLE QUALITYCORRECTNESS, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGACCURACY, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETORELIABILITY. WARRANTIES OR GUARANTEES THAT WITHOUT LIMITING THE USE OR THE RESULTS GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE APP WILL MEET YOUR REQUIREMENTS, (INCLUDING ALL II) YOUR ACCESS TO OR USE OF ITS CONTENT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR SERVICESFREE FROM ERROR, (III) ARE OR USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, RELIABLE(IV) THE APP OR ANY CONTENT, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSERVICES, OR DISCONTINUE FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY ASPECT DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURED.
2. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR FEATURE RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE WEBSITE OR RESULT OF YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYTHE APP, SUSPENDTHE ETHEREUM, OR DISCONTINUE THE WEBSITE▇▇▇▇▇.▇▇▇▇ OR THE CHANGELLY OR THE MOONPAY, IT WILL INCLUDING BUT NOT BE LIABLE LIMITED TO YOU ANY LOSSES, DAMAGES OR ANY THIRD PARTY.CLAIMS ARISING FROM: (i) THE USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY TRANSACTIONS; (ii) A SERVER FAILURE OR A DATA LOSS;
Appears in 1 contract
Sources: Terms of Use
Disclaimers. THE MAINE LISTINGS SERVICES AND ALL COMPONENTS THEREOF PROVIDED PURSUANT TO AND IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS" BASIS, AS AVAILABLE”. THE WEBSITE (INCLUDING ALL USE OF THE CONTENT MAINE LISTNGS SERVICES AND SERVICES INFORMATION AVAILABLE ON THROUGH THE WEBSITE) MAINE LISTINGS SERVICE ARE PROVIDED TO YOU "AT THE SOLE RISK OF THE PARTICIPANT. EXCEPT AS IS." HEREIN SPECIFICALLY STATED, MAINE LISTINGS AFFILIATES MAKE NO ORAL, STATUTORY, EXPRESS, OR IMPLIED WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKIND, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE WITH RESPECT TO THE MAINE LISTINGS SERVICE OR ANY EQUIPMENT, PRODUCTS OR ANY OTHER SERVICES TO BE PROVIDED HEREUNDER, ALL OF WHICH ARE SPECIFICALLY AND NONINFRINGEMENTEXPRESLLY DISCLAIMED. SKYNET LABS MAKES NO REPRESENTATIONSFURTHER, WARRANTIES MAINE LISTINGS DOES NOT WARRANT OR GUARANTEES THAT GUARANTY ANY INFORMATION FURNISHED BY PARTICIPANTS IN THE WEBSITE WILL MAINE LISTINGS SERVICES TO BE FREE FROM LOSSINACCURACY, DESTRUCTIONLIBEL, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGINVASION OF PRIVACY, OR OTHER SECURITY INTRUSIONCOPYRIGHT VIOLATIONS AND MAINE LISTINGS UNDERTAKES NO RESPONSIBILITY TO INVESTIGATE SUCH INFORMATION. The Maine Listings Service may contain third-party content, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEincluding hyperlinks to websites operated by parties other than Maine Listings; Maine Listings does not control such third-party content, RELIABLEincluding websites, CURRENTis not responsible for their contents, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICEdoes not endorse the sites or contents, SKYNET LABS MAY MODIFYand may have no relationship with the third-party content providers, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYincluding sites’ operators.
Appears in 1 contract
Sources: Site License Agreement
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE 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" BASIS. THE WEBSITE (INCLUDING ALL ” AND “AS AVAILABLE” WITHOUT WARRANTIES OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKKIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKYNET LABS DISCLAIMS WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL REPRESENTATIONSIMPLIED WARRANTIES REGARDING THE SITE, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSSCORRECTNESS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGACCURACY, OR OTHER SECURITY INTRUSIONRELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES LICENSORS DO NOT REPRESENT OR GUARANTEES THAT THE USE WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR THE RESULTS OF THE USE OF THE WEBSITE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (INCLUDING ALL II) YOUR ACCESS TO OR USE OF ITS CONTENT THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR SERVICESFREE FROM ERROR, (III) ARE OR USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, RELIABLE(III) THE SITE, CURRENTTHE APP AND THE SMART CONTRACTS OR ANY CONTENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSERVICES, OR DISCONTINUE 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 ASPECT 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 FEATURE ALL OF THE WEBSITE 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 LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO MODIFYANY LOSSES, SUSPENDDAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA 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 APP, ETHEREUM NETWORK, OR DISCONTINUE THE WEBSITE, IT WILL METAMASK ELECTRONIC WALLET. AXIES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED 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 BE LIABLE RESPONSIBLE FOR LOSSES DUE TO YOU BLOCKCHAINS OR ANY THIRD PARTYOTHER 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
Disclaimers. The authors and publisher of the Site and Product and all accompanying materials have used their commercially best efforts to provide the best possible information and product, yet Customer’s use of the Products, the Tool, and this material is entirely at its own risk. ▇▇▇▇▇▇.▇▇▇, its authors, publisher, affiliates, officers, directors, employees, agents, suppliers, shareholders, members, and licensors (collectively, the “Buurst Parties”) make no representation or warranties of any kind with respect to accuracy, fitness, applicability, or completeness of the the Products or the Tool. Buurst Parties do not warrant that Customer’s use of the Products or the Tool will be effective, uninterrupted or that the operation of the Products or Tool will be error-free. Customer accepts any and all risks associated with its decisions to use the Products and Site and acknowledges that it has had opportunity review, test and determine that the Products and Site are adequate and sufficient for Customer’s intended uses, which determination has been made independent of any information provided by the Product. THE PRODUCTS, TOOL, AND THE SITE ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT ” AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSTHE BUURST PARTIES HEREBY DISCLAIM, AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED OR CONDITIONSSTATUTORY), EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO REPRESENTATIONS, IMPLIED GUARANTEES, OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYEFFECTIVENESS, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, NON-INTERRUPTION, WARRANTIES OF ITS THIRD PARTY PROVIDERS, OR ANY OTHER WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ORAL INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY. FURTHER, CUSTOMER ACKNOWLEDGES THAT NEITHER ▇▇▇▇▇▇.▇▇▇ NOR ITS THIRD PARTY SERVICE PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND NONINFRINGEMENTTHAT THE TOOL, SERVICES AND PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SKYNET LABS ▇▇▇▇▇▇.▇▇▇ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT OR DATA CORRUPTION, PACKET LOSS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR FROM CUSTOMER’S USE OF THE PRODUCTS OR TOOL. ▇▇▇▇▇▇.▇▇▇ HEREBY DISCLAIMS AND MAKES NO REPRESENTATIONSOTHER, WARRANTIES OR GUARANTEES THAT REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE WEBSITE WILL BE FREE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM CUSTOMER’S PROVIDER AND ACCESS TO THE PRODUCTS, TOOL, OR SITE AT ANY TIME OR FROM ANY LOCATION OR ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONINTRUSION OF THE TELECOMMUNICATION SERVICES. TO THE EXTENT THAT ANY IMPLIED WARRANTIES CANNOT BE EXCLUDED OR DISCLAIMED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE MINIMUM AMOUNT PERMITTED BY APPLIABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOCUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEAll links are for informational purposes only and are not warranted for content, RELIABLEaccuracy, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSor any other implied or explicit purpose. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSome links may involve compensation for referred products as an affiliate.
Appears in 1 contract
Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION, THE SOFTWARE, MOBILEIRON HARDWARE, AND/OR ALL SERVICES ARE PROVIDED “AS IS”, AND MOBILEIRON AND ITS SUPPLIERS PROVIDE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WITH REGARD TO THE SAME. EXCEPT AS EXPRESSLY SPECIFIED IN THIS SECTION, MOBILEIRON AND ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITIONS CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE SOFTWARE IS BUG/ERROR FREE, THAT ITS USE WILL BE UNINTERRUPTED, OR THAT IT IS FREE OF VULNERABILITY TO INTRUSION OR ATTACK. MOBILEIRON DOES NOT WARRANT THAT ANY SERVICES CONNECTING TO THE SOFTWARE PROVIDED BY THIRD PARTIES OR ANY DATA PROVIDED BY SUCH THIRD PARTIES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, ERRORS OR OTHER SECURITY INTRUSIONINTERRUPTIONS OF SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS CUSTOMER MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYJURISDICTION.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE 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" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS.AVAILABLE" WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKKIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKYNET LABS DISCLAIMS WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL REPRESENTATIONSIMPLIED WARRANTIES REGARDING THE SITE, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, THE GAME AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSNON-INFRINGEMENT, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSSCORRECTNESS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGACCURACY, OR OTHER SECURITY INTRUSIONRELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES LICENSORS DO NOT REPRESENT OR GUARANTEES THAT THE USE WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR THE RESULTS OF THE USE OF THE WEBSITE SITE, THE GAME AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (INCLUDING ALL II) YOUR ACCESS TO OR USE OF ITS CONTENT THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR SERVICESFREE FROM ERROR, (III) ARE OR USAGE DATA PROVIDED THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE ACCURATE, RELIABLE(III) THE SITE, CURRENTTHE GAME AND THE SMART CONTRACTS OR ANY CONTENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDSERVICES, OR DISCONTINUE 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 ASPECT 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 FEATURE ALL OF THE WEBSITE 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 LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO MODIFYANY LOSSES, SUSPENDDAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA 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 DISCONTINUE THE WEBSITE, IT WILL METAMASK ELECTRONIC WALLET. ETHER KINGDOMS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. E. ETHER KINGDOMS IS NOT BE LIABLE RESPONSIBLE FOR LOSSES DUE TO YOU BLOCKCHAINS OR ANY THIRD PARTYOTHER 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
Sources: Terms of Use
Disclaimers. AS IS" BASIS. (a) Except for the express representations and warranties of Seller in this Agreement, Seller’s Certificate and the special warranty of Defensible Title in the Conveyance Documents, the Assets are being conveyed by Seller to Buyer without warranty of any kind, express, implied, statutory, common law or otherwise, and the Parties hereby expressly disclaim, waive, and release (and Buyer acknowledges it has not relied upon) any warranty of merchantability, condition or safety and any warranty of fitness for a particular purpose, in each case whether express, implied, statutory, common law, or otherwise; and, subject to the express representations and warranties of Seller in this Agreement, Seller’s Certificate and the special warranty of Defensible Title in the Conveyance Documents, Buyer accepts the Assets, “as is, where is, with all faults.” EXCEPT FOR THE WEBSITE (INCLUDING EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT AND SELLER'S CERTIFICATE, ALL DESCRIPTIONS OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW▇▇▇▇▇, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSFACILITIES, WARRANTIES OR CONDITIONSPERSONAL PROPERTY, EITHER EXPRESS OR IMPLIEDFIXTURES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONSTRUCTURES, AND SKYNET LABS DISCLAIMS OTHER ASSETS HERETOFORE OR HEREAFTER FURNISHED TO BUYER BY OR ON BEHALF OF SELLER HAVE BEEN AND SHALL BE FURNISHED SOLELY FOR BUYER'S CONVENIENCE, AND HAVE NOT CONSTITUTED AND SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY OF ANY LIABILITY RELATING THERETOKIND BY SELLER. WARRANTIES BUYER EXPRESSLY WAIVES (AND BUYER ACKNOWLEDGES IT HAS NOT RELIED UPON) THE WARRANTY OF FITNESS AND THE WARRANTY AGAINST VICES AND DEFECTS, WHETHER APPARENT OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE LATENT, IMPOSED BY ANY LAW.
(INCLUDING ALL OF ITS CONTENT OR SERVICESb) ARE OR WILL BE ACCURATEExcept for the express representations and warranties of Seller in this Agreement, RELIABLESeller’s Certificate and the special warranty of Defensible Title in the Conveyance Documents, CURRENTSeller hereby expressly disclaims and negates (and Buyer acknowledges it has not relied upon) any implied, UNINTERRUPTED OR WITHOUT ERRORSstatutory or express warranty at common law, by statute, or otherwise relating to (1) the accuracy, completeness, or materiality of any of the records or other information furnished with respect to this Agreement or the Conveyance Documents, (2) contents, character or nature of any report of any petroleum engineering consultant, or any engineering, geological or seismic data or interpretation relating to the Assets; (3) the existence or extent of reserves or the value of the Assets based thereon; (4) the condition or state of repair of any of the Assets; (5) the ability of the Properties to produce Hydrocarbons, including production rates, decline rates, and recompletion opportunities; (6) regulatory matters; (7) the present or future value of the anticipated income, costs, or profits, if any, to be derived from the Assets; (8) the environmental condition of the Assets; (9) any projections as to events that could or could not occur; or (10) except as contemplated by Article IX or the Specified Indemnification Matters, the Tax attributes of any Assets. WITHOUT PRIOR NOTICEAny data, SKYNET LABS MAY MODIFYinformation, SUSPENDor other Records furnished by or on behalf of Seller or any of its Affiliates, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITEexcept as to any Schedule, are provided to Buyer as a convenience and Buyer’s reliance on or use of the same is at Buyer’s sole risk, and Buyer acknowledges it has not relied upon the same.
(c) The disclaimers and denials of warranty in this Section 3.3 also extend to any express or implied representation or warranty as to the prices Buyer and Seller are or will be entitled to receive from production of Hydrocarbons or other substances from the Properties (and Buyer acknowledges it has not relied upon the same), it being acknowledged, agreed, and expressly understood that all reserve, price, and value estimates upon which Buyer has relied or is relying have been derived by the individual and independent evaluation of Buyer. IF SKYNET LABS ELECTS TO MODIFYBuyer also stipulates, SUSPENDacknowledges, OR DISCONTINUE THE WEBSITEand agrees that reserve reports are only estimates of projected future Hydrocarbon volumes, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYfuture finding costs, and future oil and/or gas sales prices, all of which factors are inherently impossible to predict accurately even with all available data and information.
(d) Except for the express representations and warranties of Seller in Section 6.12 and Seller’s Certificate, Seller has not and will not make (and Buyer acknowledges it has not relied upon) any representation or warranty regarding any matter or circumstance relating to Environmental Laws, the Release of Hazardous Substances into the Environment, or the protection of human health, safety, natural resources, or the environment, or any other environmental condition of the Assets, and nothing in this Agreement, any other transaction documents or otherwise shall be construed as such a representation or warranty, and subject to the express representations and warranties of Seller in Section 6.12 and Seller’s Certificate, Buyer shall be deemed to be taking the Assets “As Is” and “Where Is” with all faults for purposes of their environmental condition, and Buyer has made or caused to be made such environmental inspections or environmental assessments as Buyer deems appropriate.
(e) The Parties hereby acknowledge that, to the extent required by Law, the disclaimers contained in this Agreement are “conspicuous” for the purposes of such Law.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Earthstone Energy Inc)
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS IS" AVAILABLE” BASIS. THE WEBSITE (, AND COINCAVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND NONINFRINGEMENT. SKYNET LABS MAKES OUR SUPPLIERS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE FREE FROM LOSSAVAILABLE ON AN UNINTERRUPTED, DESTRUCTIONTIMELY, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSECURE, OR OTHER SECURITY INTRUSIONERROR-FREE BASIS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENTFREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICECOMPLETE, SKYNET LABS MAY MODIFY, SUSPENDLEGAL, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITESAFE. IF SKYNET LABS ELECTS APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MODIFYTHE SITE, SUSPENDALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. COINCAVE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR DISCONTINUE ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. COINCAVE DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE WEBSITESERVICES. COINCAVE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, IT WILL INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT BE LIABLE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR ANY THIRD PARTYYOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Sources: User Agreement
Disclaimers. EXCEPT AS PROVIDED IN THIS SECTION 15, THE SOFTWARE AND THE SERVICES HEREUNDER ARE PROVIDED “AS IS" BASIS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE WEBSITE (INCLUDING ALL “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE BASIS OF THIS WEBSITE IS AT YOUR OWN RISKAGREEMENT, WITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. TO EASTBAY DOES NOT AND CANNOT WARRANT THE MAXIMUM EXTENT PERMITTED PERFORMANCE OR RESULTS OBTAINED BY APPLICABLE LAWCLIENT IN USING THE SOFTWARE OR THE SERVICES, SKYNET LABS OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL REPRESENTATIONSOTHER REPRESENTATIONS OR WARRANTIES, WARRANTIES OR CONDITIONSWHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TOREGARDING THE SOFTWARE AND THE SERVICES, IMPLIED INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NONINFRINGEMENTINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, REPRESENTATION OR OTHER SECURITY INTRUSIONAFFIRMATION OF FACT, AND SKYNET LABS DISCLAIMS REGARDING THE SOFTWARE OR THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY RELATING THERETOOF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OR GUARANTEES THAT OTHER THAN THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF EXPRESS WARRANTY IN THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYAGREEMENT.
Appears in 1 contract
Sources: Software as a Service Agreement
Disclaimers. No Warranties THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS.AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKKIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PERMISSIBLE UNDER LAW, SKYNET LABS THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NONINFRINGEMENTIMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. SKYNET LABS THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE IT AVAILABLE WILL BE FREE FROM LOSSOF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, DESTRUCTIONCOMPLETENESS OR CORRECTNESS, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGTIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOINFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WARRANTIES OR GUARANTEES THAT IN NO EVENT WILL THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY THIRD PARTYDECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES ARE PROVIDED “AS IS" BASIS” WITHOUT WARRANTIES OF ANY KIND. GLOBALENGLISH, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY IN CONNECTION WITH THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE SUBJECT MATTER OF THIS WEBSITE IS AT YOUR OWN RISK. AGREEMENT AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY RESULTS, NON-INFRINGEMENT, OR TITLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Further, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSGlobalEnglish and its suppliers make no warranty about the suitability of the Services or content for any purpose and do not warrant that the Services, WARRANTIES OR CONDITIONSincluding Services specified in each Order, EITHER EXPRESS OR IMPLIEDwill meet Customer’s requirements. GlobalEnglish does not warrant that the operation of the Services or access to the GlobalEnglish website(s) will be uninterrupted or error-free. Customer acknowledges and agrees that Services in an Order may be subject to limitations, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENTす。本サービス、コンポーネントまたはそのアドオン(あるいは全部)は、 特許法、著作権法、商標法、および営業秘密法によって保護されます。いかなるダウンロード済みサービスについても、注文書に記載された関連サービスアクセス期間中、GlobalEnglish は購読者に対し全世界での実施を認める非独占的限定ライセンスを付与し、さらに購読者が本条件または本契約および GlobalEnglish のサービス条件に従い自らのコンピュータ上でダウンロード済みサービスを個人的利用目的のためにインストールし使用する権利を付与します。(B) 制約:顧客は、直接、間接またはその購読者を介して、以下の行為を行わないものとします。(i) 本サービスに対する権利を売却、譲渡、貸与、ライセンス付与、サブライセンス付与またはその他の手段で第三者に提供しようと試みること、(ii) データの送信、保存およびバックアップを含む任意の GlobalEnglish のテクノロジー、サービス、システムまたは他の提供物の整合性またはパフォーマンスを妨げる、貶める、または中断させるような方法でサービスを使用すること、(iii) GlobalEnglish のオンライン製品およびサービスと競合する製品またはサービスを開発する目的でサービスにアクセスすること、(iv) 本サービスの内部またはその一部に表示される所有権表示または画像を含め、本サービスのコンポーネントを変更、削除または変更すること、(v) 「フレーミング」、「ミラーリング」、コピーまたはその他の方法で第三者が出力センターまたはその他の外部委託サービスとして本サービス(またはそのコンポーネント)を利用できるようにすること、(vi) 本サービスに関連付けられたセキュリティ機能を回避または無効化すること、ならびに (vii) 法律で禁止された方法で本サービスを利用すること。(C) 本サービスにおける権利留保:本契約に基づいて明示的に付与された限定権利に従い、GlobalEnglish は、すべての関連知的所有権を含め、本サービスのすべての権利、権原および所有権を留保します。本契約書で明示的に規定される場合を除き、本契約書に従い顧客に権利が付与されることはありません。 4. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO期間および解除: (A) 期間:本契約書は、顧客が本契約書を受け入れた日付または最初の注文書のサービスアクティベート日のいずれか早い方の日付で開始されます。また、第 4(B)項に従い早期解除されないかぎり、本契約書は最終的に未処理の注文書に記載されたサービス有効期限日に終了します (「期間」)。(B) 解除:いずれかの当事者は、他方の当事者によって重大な違反があり、書面による通知から 30 日後もそれが是正されない状態の場合は、本契約を解除できます。いかなる理由でも、注文が解除されるか、または有効期限が切れた時点で、当該注文書に記載される本サービスへのアクセス権を付与するすべての購読は終了するものとします。いかなる理由でも、本契約書が解除されるか、または有効期限が切れた時点で、本サービスへのアクセス権を付与するすべての購読は終了するものとします。(C) 顧客データの返却:注文を解除してから 30 日以内に、顧客は顧客データの返却を要求できます。GlobalEnglish は、電子ファイルの譲渡を介して顧客データを顧客に提供するものとします。明確に規定しますが、顧客が本サービスに対して提供したデータ、情報、またはその他の資料に関するすべてのバックアップおよびアーカイブコピーを実行する責任を負うのは、GlobalEnglish ではなく顧客のみとします。注文を解除するか、または有効期限が切れてから 30 日後、GlobalEnglish は、顧客データに関してさらに義務を負うことはなく、任意で顧客データならびに本契約書に記載されるすべての情報および資料を永久に削除または破壊できます。 5. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE 料金および支払い: (INCLUDING ALL OF ITS CONTENT OR SERVICESA) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.料金:本契約書に基づいて提供されるサービスを考慮すると、顧客は本契約書に基づくすべての注文書で規定されるすべての料金を支払うものとします。本契約書または注文書に従い別段の規定がある場合を除き、 (i) 料金は実際の使用ではなく購入したサービスに基づき、 (ii) 支払義務は取り消しができず、支払料金は払戻しできず、(iii) 注文中に購読者数を減らすことはできないものとします。(B) 支払いおよび請求: 適用される支払条件は、各注文書で規定されます。本契約書では、支払いは すべてのサービスに対して 1 年に付き 1 件の請求書を基本とし、1 つの指定請
Appears in 1 contract
Sources: Master Subscription Agreement
Disclaimers. The authors and publisher of the Site and Product and all accompanying materials have used their commercially best efforts to provide the best possible information and product, yet Customer’s use of the Products, the Tool, and this material is entirely at its own risk. ▇▇▇▇▇▇.▇▇▇, its authors, publisher, affiliates, officers, directors, employees, agents, suppliers, shareholders, members, and licensors (collectively, the “Buurst Parties”) make no representation or warranties of any kind with respect to accuracy, fitness, applicability, or completeness of the the Products or the Tool. Buurst Parties do not warrant that Customer’s use of the Products or the Tool will be effective, uninterrupted or that the operation of the Products or Tool will be error- free. Customer accepts any and all risks associated with its decisions to use the Products and Site and acknowledges that it has had opportunity review, test and determine that the Products and Site are adequate and sufficient for Customer’s intended uses, which determination has been made independent of any information provided by the Product. THE PRODUCTS, TOOL, AND THE SITE ARE PROVIDED “AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT ” AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONSTHE BUURST PARTIES HEREBY DISCLAIM, AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED OR CONDITIONSSTATUTORY), EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO REPRESENTATIONS, IMPLIED GUARANTEES, OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITYEFFECTIVENESS, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, QUIET ENJOYMENT, NON- INFRINGEMENT, NON-INTERRUPTION, WARRANTIES OF ITS THIRD PARTY PROVIDERS, OR ANY OTHER WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ORAL INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY. FURTHER, CUSTOMER ACKNOWLEDGES THAT NEITHER ▇▇▇▇▇▇.▇▇▇ NOR ITS THIRD PARTY SERVICE PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND NONINFRINGEMENTTHAT THE TOOL, SERVICES AND PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SKYNET LABS ▇▇▇▇▇▇.▇▇▇ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT OR DATA CORRUPTION, PACKET LOSS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR FROM CUSTOMER’S USE OF THE PRODUCTS OR TOOL. ▇▇▇▇▇▇.▇▇▇ HEREBY DISCLAIMS AND MAKES NO REPRESENTATIONSOTHER, WARRANTIES OR GUARANTEES THAT REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE WEBSITE WILL BE FREE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM CUSTOMER’S PROVIDER AND ACCESS TO THE PRODUCTS, TOOL, OR SITE AT ANY TIME OR FROM ANY LOCATION OR ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONINTRUSION OF THE TELECOMMUNICATION SERVICES. TO THE EXTENT THAT ANY IMPLIED WARRANTIES CANNOT BE EXCLUDED OR DISCLAIMED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE MINIMUM AMOUNT PERMITTED BY APPLIABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETOCUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATEAll links are for informational purposes only and are not warranted for content, RELIABLEaccuracy, CURRENT, UNINTERRUPTED OR WITHOUT ERRORSor any other implied or explicit purpose. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYSome links may involve compensation for referred products as an affiliate.
Appears in 1 contract
Disclaimers. (a) THE PARTIES AGREE THAT (i) THE WARRANTIES STATED ABOVE ARE EXCLUSIVE; (ii) EXCEPT AS STATED ABOVE THE SERVICE IS PROVIDED "AS IS" BASIS. THE WEBSITE AND (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITEiii) THAT THERE ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE RELATING TO ANY MATTERS IN THIS AGREEMENT, TITLE INCLUDING, WITHOUT LIMITATION, THE SERVICE, DISTRIBUTOR'S DISTRIBUTION SYSTEM OR ANY OTHER RESOURCES PROVIDED BY EITHER PARTY.
(b) THE PARTIES AGREE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES DISTRIBUTOR ACKNOWLEDGES THAT INTELL-X RAISED TO THE POWER OF X DOES NOT WARRANT THE ACCURACY OR GUARANTEES THAT COMPLETENESS OF ANY INFORMATION PROVIDED HEREUNDER AND INTELL-X RAISED TO THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS POWER OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL X SHALL NOT BE LIABLE IN ANY MANNER TO YOU DISTRIBUTOR OR ITS USERS OR ANY THIRD PARTYPARTIES WHO MAY USE THE INFORMATION PROVIDED HEREUNDER. 5 FURTHER, INTELL-X RAISED TO THE POWER OF X SHALL NOT BE LIABLE FOR ANY DELAY, INACCURACY, ERROR OR OMISSION IN THE INFORMATION PROVIDED HEREUNDER OR RESULTING FROM THE TRANSMISSION, DELIVERY OF OR ANY FAILURE TO DELIVER ANY PART OF THE SERVICE AS A RESULT OF ACTS OF GOD OR TRANSMISSION ERRORS OUTSIDE THE CONTROL OF INTELLX.
Appears in 1 contract
Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT, VENDOR AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, THE VENDOR CONTENT, OR THE VENDOR TECHNOLOGY AND PROVIDE THEM STRICTLY “AS IS" BASIS,” “WHERE IS,” AND WITH ALL FAULTS. WITHOUT LIMITING THE WEBSITE (INCLUDING ALL GENERALITY OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITEFOREGOING, NEITHER VENDOR NOR ITS LICENSORS REPRESENT OR WARRANT THAT: (I) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISKTHE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (II) THE SERVICES WILL MEET SUBSCRIBER’S OR ITS USERS’ REQUIREMENTS, NEEDS, OR EXPECTATIONS; (III) ANY STORED SUBSCRIBER DATA WILL BE ACCURATE OR RELIABLE; (IV) ALL ERRORS AND DEFECTS WILL BE CORRECTED; (V) THE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OF (VI) ANY FEEDBACK WILL BE IMPLEMENTED. ALSO, VENDOR’S SERVICES ARE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER VENDOR NOR ITS LICENSORS ARE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. FURTHERMORE, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
Appears in 1 contract
Sources: Administrative Services Agreement
Disclaimers. DEALER EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER’S USE OF THE SERVICES AND THE PROVIDED CONTENT IS AT DEALER’S SOLE RISK AND ARE PROVIDED “AS IS" BASIS. ” AND “AS AVAILABLE.” IN PARTICULAR, SHIFT DIGITAL, H-D, THE WEBSITE SERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (INCLUDING ALL A) DEALER’S USE OF THE SERVICES OR THE PROVIDED CONTENT AND SERVICES AVAILABLE ON THE WEBSITEWILL MEET DEALER’S REQUIREMENTS, OR (B) ARE PROVIDED TO YOU "AS IS." ANY DEALER’S USE OF THIS WEBSITE THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT YOUR DEALER’S OWN RISKDISCRETION AND RISK AND THAT DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR H-D, OR THROUGH OR FROM THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUSE OF THE SERVICES SHALL CREATE ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SKYNET LABS DISCLAIMS SHIFT DIGITAL, H-D AND EACH SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL REPRESENTATIONSREPRESENTATIONS AND WARRANTIES OF ANY KIND, WARRANTIES OR CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE PROVIDED CONTENT INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYNON-INFRINGEMENT.
Appears in 1 contract
Sources: Universal Terms and Conditions of Use and End User License Agreement
Disclaimers. EXCEPT AS IS" BASIS. EXPRESSLY SET FORTH IN THIS SECTION 7, THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYNET LABS DISCLAIMS PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGARIS- ING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTH- ERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONS, WARRANTIES WITH RESPECT TO THE GA- TEWAY OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGSERVICES, OR OTHER SECURITY INTRUSIONSERVICES OR GOODS PROVIDED THROUGH THIS GATE- WAY. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT THE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE GATEWAY WILL BE AVAILABLE, ACCESSIBLE, UNIN- TERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. ALTHOUGH THE GATEWAY, AS PART OF ITS FUNCTIONALITY AND SERVICES, MAY CON- TAIN LINKS TO THIRD-PARTY WEB SITES, SUCH LINKED SITES ARE NOT UNDER THE CON- TROL OF PROVIDERS, AND SKYNET LABS DISCLAIMS PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETORESPONSIBILITY FOR THE CON- TENTS OR POLICIES OF ANY LINKED SITE. WARRANTIES AS THE PROVIDERS PROVIDE THESE LINKS AS A CONVENIENCE ONLY, PROVIDERS DO NOT ENDORSE, SPONSOR, OR GUARANTEES AFFILIATE WITH THE LINKED SITES. LINKS TO MERCHANTS OR ADVERTISERS ARE OWNED AND OPERATED BY INDEPENDENT RETAILERS OR SERVICE PROVIDERS; AND, THEREFORE, THE PROVIDERS CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH THEIR PRODUCTS, SERVICES OR PRACTICES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES. THE PROVIDERS SHALL HAVE NO RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, TO IN- ITIATE OR CAUSE THE INITIATION OF ANY INVESTIGATION OR OTHER FORENSIC RE- SEARCH REGARDING THE USE OR THE RESULTS MISUSE OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTYGATEWAY ACCOUNT.
Appears in 1 contract
Sources: Gateway Terms of Usage Agreement
Disclaimers. AS IS" BASIS. NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE EFD SYSTEM, THE WEBSITE (INCLUDING ALL OF GENERALLY OR THE APPLICATIONS, DATA, CONTENT AND OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS EFD SYSTEM OR THE WEBSITE IS AT YOUR OWN RISK. GENERALLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW (AS DEFINED HEREIN), SKYNET LABS DISCLAIMS THE EFD SYSTEM, THE WEBSITE GENERALLY, AND ALL REPRESENTATIONSSUCH APPLICATIONS, WARRANTIES OR CONDITIONSDATA, EITHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NASAA, INCLUDINGON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, BUT NOT LIMITED TOHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EFD SYSTEM, THE WEBSITE GENERALLY AND THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY (OR ANY PART THEREOF), INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, 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), TITLE IN ALL CASES, WHETHER SUCH WARRANTIES ARE ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA, ON BEHALF OF ITSELF AND NONINFRINGEMENT. SKYNET LABS MAKES NO REPRESENTATIONSITS AGENTS AND SUPPLIERS, WARRANTIES DOES NOT REPRESENT OR GUARANTEES THAT WARRANT: (i) 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 UNINTERRUPTED, SECURE OR FREE FROM LOSSOF ERRORS, DESTRUCTION(ii) THAT DEFECTS, DAMAGEERRORS OR INACCURACIES IN THE EFD SYSTEM, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKYNET LABS DISCLAIMS ANY LIABILITY RELATING THERETO. WARRANTIES OR GUARANTEES THAT THE USE WEBSITE GENERALLY OR THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY WILL BE CORRECTED, (iii) THAT ANY RESULTS OF OBTAINED VIA THE USE OF THE EFD SYSTEM, THE WEBSITE (INCLUDING ALL OF ITS GENERALLY, OR THE APPLICATIONS, DATA, CONTENT OR SERVICES) ARE SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY WILL BE ACCURATE, EFFECTIVE OR RELIABLE, CURRENTOR (iv) THAT THE EFD SYSTEM, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SKYNET LABS MAY MODIFY, SUSPENDTHE WEBSITE GENERALLY, OR DISCONTINUE ANY ASPECT THE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES OR FEATURE OTHER HARMFUL COMPONENTS. FURTHER, BUT WITHOUT LIMITING THE GENERALITY OF THE WEBSITE FOREGOING, NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR YOUR USE WARRANTIES WITH RESPECT TO THE ACCURACY, DEPENDABILITY, SECURITY, AUTHENTICITY OR COMPLETENESS OF THIS WEBSITE. IF SKYNET LABS ELECTS TO MODIFYDATA TRANSMITTED OVER THE INTERNET, SUSPENDAND UNDER NO CIRCUMSTANCES WILL NASAA OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY LIABILITIES (AS DEFINED HEREIN) RESULTING FROM ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR DISCONTINUE OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH, THE WEBSITE, IT WILL NOT BE LIABLE TO YOU INTERENT OR ANY THIRD PARTYFILER USER’S SERVERS. FILER USER ACKNOWLEDGES THAT NETWORK OR SERVER PROBLEMS WITH THE INTERNET MAY PREVENT HIM/HER FROM ACCESSING OR USING THE EFD SYSTEM AND THE WEBSITE GENERALLY.
Appears in 1 contract
Sources: Filer Terms of Use