Common use of Limited Warranties Disclaimer Clause in Contracts

Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).

Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE ERROR‐FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNON‐INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).

Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE Each Party represents and warrants to the other Party that: (a) such Party is qualified and registered to transact business in all locations where the performance of its obligations hereunder would require such qualification; (b) the individual person(s) signing the Agreement and any Services Addendum or Order Form has all right, power and authority to sign them on behalf of such Party; and (c) the execution of the Agreement by such Party shall not conflict with or violate, and shall not breach, any agreement, covenant, court order, judgment or decree to which such Party is a party or by which it SAMPLE is bound. Customer further represents and warrants that neither it, nor any of its Affiliates, officers, directors or employees are on any of the U.S. Government export screening lists of the Department of Commerce, Department of State and Department of the Treasury, including without limitation the Denied Persons List, the Entity List, the Debarred List, or the list of Specially Designated Nationals. Customer shall promptly notify CyrusOne if it is identified on any of the foregoing lists at any point during the term of the Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING AGREEMENT, THE FOREGOINGDESIGNATED SPACE, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY ALL SERVICES AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY MATERIALS (INCLUDING PRODUCTS) PROVIDED BY CYRUSONE OR INDIRECTLY PROVIDES ITS AFFILIATES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY CYRUSONE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, OF ANY KIND INCLUDING QUALITYBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND WARRANTIES ARISING FROM A COURSE OF DEALING, TITLE USAGE, OR TRADE PRACTICE. CYRUSONE DOES NOT MONITOR OR EXERCISE CONTROL OVER ANY CUSTOMER PROPERTY STORED, PROCESSED, TRANSMITTED THROUGH OR OTHERWISE RESIDING ON CUSTOMER EQUIPMENT OR TRANSMITTED THROUGH THE FACILITIES. USE OF ANY CONTENT, DATA OR INFORMATION OBTAINED VIA THE SERVICES IS AT CUSTOMER’S OWN RISK, AND NONCYRUSONE DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE DESIGNATED SPACE OR ANY SERVICES SHALL BE UNINTERRUPTED, ERROR-INFRINGEMENTFREE, OR COMPLETELY SECURE. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING CYRUSONE SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE INFORMATIONACCURACY OR QUALITY OF CONTENT, AND/DATA AND INFORMATION OBTAINED THROUGH ITS SERVICES. CUSTOMER ACKNOWLEDGES THAT, DUE TO THE PUBLIC NATURE OF THE INTERNET, THERE IS NO GUARANTEE OF SECURITY OR RELATED PRODUCTS PRIVACY ON THE INTERNET AND CYRUSONE MAKES NO GUARANTEE THAT OTC MARKETS GROUP ANY OF CUSTOMER’S SYSTEMS, CONTENT, DATA AND INFORMATION SHALL BE SECURE OR ITS LICENSORS, KEPT PRIVATE WITH RESPECT TO THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY ACCESS VIA THE INTERNET. CYRUSONE IS NOT RESPONSIBLE FOR THE MANNER IN WHICH THE SERVICE IS USED BY CUSTOMER OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract ANY OTHER PERSON OR ENTITY ACCESSING SUCH SERVICE (even if in the nature of a breach of condition or a fundamental term or a fundamental breachOR THE EQUIPMENT USED TO DELIVER SUCH SERVICE) and tort (including but not limited to negligence or misrepresentation)THROUGH OR ON BEHALF OF CUSTOMER.

Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE Each Party represents and warrants to the other Party that: (a) such Party is qualified and registered to transact business in all locations where the performance of its obligations hereunder would require such qualification; (b) the individual person(s) signing the Master Terms and any Service Order has all right, power and authority to sign them on behalf of such Party; and (c) the execution of the Agreement by such Party will not conflict with or violate, and will not breach, any agreement, covenant, court order, judgment or decree to which such Party is a party or by which it is bound. Client further represents and warrants that neither it, nor any of its Affiliates, officers, directors, employees or end users are on any of the U.S. government export screening lists of the Department of Commerce, Department of State and Department of the Treasury, including without limitation the Denied Persons List, the Entity List, the Debarred List, or the list of Specially Designated Nationals. Client will promptly notify Integris if it is identified on any of the foregoing lists at any point during the term of the Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOINGAGREEMENT, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY ALL SERVICES AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY MATERIALS (INCLUDING PRODUCTS) PROVIDED BY INTEGRIS OR INDIRECTLY PROVIDES ITS AFFILIATES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY INTEGRIS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, OF ANY KIND INCLUDING QUALITYBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND WARRANTIES ARISING FROM A COURSE OF DEALING, TITLE USAGE, OR TRADE PRACTICE. INTEGRIS DOES NOT MONITOR OR EXERCISE CONTROL OVER ANY CLIENT PROPERTY STORED, PROCESSED, TRANSMITTED THROUGH OR OTHERWISE RESIDING ON CLIENT EQUIPMENT OR TRANSMITTED THROUGH CLIENT NETWORKS. USE OF ANY CONTENT, DATA OR INFORMATION OBTAINED VIA THE SERVICES IS AT CLIENT’S OWN RISK, AND NONINTEGRIS DOES NOT REPRESENT, WARRANT OR COVENANT THAT ANY SERVICES WILL BE UNINTERRUPTED, ERROR-INFRINGEMENTFREE, OR COMPLETELY SECURE. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING INTEGRIS SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE INFORMATIONACCURACY OR QUALITY OF CONTENT, AND/DATA AND INFORMATION OBTAINED THROUGH ITS SERVICES. CLIENT ACKNOWLEDGES THAT, DUE TO THE PUBLIC NATURE OF THE INTERNET, THERE IS NO GUARANTEE OF SECURITY OR RELATED PRODUCTS PRIVACY ON THE INTERNET AND INTEGRIS MAKES NO GUARANTEE THAT OTC MARKETS GROUP ANY OF CLIENT’S SYSTEMS, CONTENT, DATA AND INFORMATION WILL BE SECURE OR ITS LICENSORS, KEPT PRIVATE WITH RESPECT TO THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY ACCESS VIA THE INTERNET. INTEGRIS IS NOT RESPONSIBLE FOR THE MANNER IN WHICH THE SERVICE IS USED BY CLIENT OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract ANY OTHER PERSON OR ENTITY ACCESSING SUCH SERVICE (even if in the nature of a breach of condition or a fundamental term or a fundamental breachOR THE EQUIPMENT USED TO DELIVER SUCH SERVICE) and tort (including but not limited to negligence or misrepresentation)THROUGH OR ON BEHALF OF CLIENT.

Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” WITH NO WARRANTIES EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER IN THIS AGREEMENT. IN THE EVENT THAT THE INFORMATION IS NOT AVAILABLE AS A RESULT OF A FAILURE BY OTC MARKETS NOR GROUP TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, OTC MARKETS GROUP WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER PERSONS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE INFORMATION IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE OR IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF ITS LICENSORSFOUR (4) HOURS OR MORE DURING THE TIME THAT OTC MARKETS GROUP REGULARLY TRANSMITS THE INFORMATION, THIRD PARTY DUE TO THE FAULT OF OTC MARKETS GROUP (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL'S OR ENTITY'S EXCLUSIVE REMEDY AGAINST OTC MARKETS GROUP SHALL BE, AT OTC MARKETS GROUP’S OPTION, EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY MONIES DUE TO OTC MARKETS GROUP FROM SUBSCRIBER FOR THE INFORMATION PROVIDERS AND SUPPLIERS MAKE AT ISSUE FOR THE PERIOD AT ISSUE. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY EXPRESS KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR CONDITIONSCOURSE OF PERFORMANCE, INCLUDING QUALITY, MERCHANTABILITY, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).