Common use of No Additional Warranties Clause in Contracts

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ON-LINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES APUSING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS A-NY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEESIN EACH CASE, REPRESENTATIONSREGARn1NG THEIR WEB SITES, PROMISESANY PRODUCTS OR SERVICES DESCRI33ED THEREON, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY BANNER ADVERTISEMENTS, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROLITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY ACKNOWLEDGES THAT THE INFOSPACE WEB SITES AND ON-LINE DATESTHE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, BUT SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACE WM SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED 'AS IS " AND THAT INFOSPACE MAKES NO GUARANTEE WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES TN THEIR CURRENT FORM, THAT ITS WEB SITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SUES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ACCEPTS NO LIABILITY FOR SOFTWARE THAT MAKES ITS FAILURE TO MEET SAID DATESWEB SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, ANY PRODUCTS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURESERVICES DESCRIBED THEREON, OR ANY OTHER CIRCUMSTANCE BEYOND ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUENTAS ACKNOWLEDGES THAT THE THE CONTENT THEREOF (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY OMNISOFT OR ANY THIRD PARTIES IN CONNECTION WITH OPERATING OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED “AS IS.” NEITHER PARTY MAKES ANY WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS CONTROLIN THEIR CURRENT FORM, THAT ITS OMNI MERCHANTS WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT IT WILL MEET THE REQUIRE- MENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT OR ANY OTHER MATERIALS ON OR THE SERVERS AND SOFTWARE THAT MAKE ITS OMNICOMMERCE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ON-LINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.P a g e 7

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). IN EACH CASE, GUARANTEESREGARDING THEIR WEB SITES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, ANY PRODUCTS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREINSERVICES DESCRIBED THEREON. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY PROMOTIONAL PLACEMENTS, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY ACKNOWLEDGES THAT THE INFOSPACE WEB SITES AND ON-LINE DATESTHE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, BUT SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACE WEB SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" AND THAT INFOSPACE MAKES NO GUARANTEE WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES IN THEIR CURRENT FORM, THAT ITS WEB SITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ACCEPTS NO LIABILITY FOR SOFTWARE THAT MAKES ITS FAILURE TO MEET SAID DATESWEB SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE PERMITTED BY LAW, COMPANY MAKES NO WARRANTIES EXCEPT AS ------------------------- EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS AND EXCLUDES, ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS (INCLUDING THE ANY IMPLIED WARRANTIES REGARDING THE AOLB NETWORK, THE ITAU ONLINE AREA, THE LINKED INTERACTIVE SITES OR THE ITAU INTERACTIVE SITES (WHETHER RELATING TO PROFITABILITY OR OTHERWISE), ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY EXCLUDES ALL LIABILITY TO THE OTHER FOR ANY OTHER IMPLIED TERMS AND NON- INFRINGEMENTCONDITIONS NOT EXPRESSLY STATED IN THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, RELATING TO THE AOLB CLIENT, THE CUSTOMIZED CLIENT, THE CO-BRANDED SERVICE, THE ITAU ONLINE AREA, THE ITAU INTERACTIVE SITES, THE LINKED INTERACTIVE SITES, DOCUMENTATION OR THE AOLB NETWORK). ADDITIONALLY, GUARANTEESNOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, REPRESENTATIONSTHE INTERNET IS INHERENTLY INSECURE AND AOLA AND AOLB DO NOT REPRESENT, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAYCOVENANT THAT THE USE OF THE CO-UP RATES, RESPONSE RATES BRANDED SERVICE WILL BE SECURE FROM HACKING OR ABILITY THAT UNAUTHORIZED THIRD PARTIES WILL BE UNABLE TO CONVERT COLLECT INFORMATION ON USERS AND USAGE OF THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ONCO-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ON-LINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATESBRANDED SERVICE.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WAR¬RANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPUR¬POSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFI-CALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEESIN EACH CASE, REPRESENTATIONSREGARDING THEIR OMNI MERCHANTS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, ANY PRODUCTS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURESER¬VICES DESCRIBED THEREON, OR ANY OTHER CIRCUMSTANCE BEYOND ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENER¬ALITY OF THE FOREGOING, MCC ACKNOWLEDGES THAT THE OMNI MERCHANTS AND THE CONTENT THEREOF (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY CROWDPAY OR ANY THIRD PARTIES IN CONNECTION WITH OPERATING THE OMNI MERCHANTS OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS." NEITHER PARTY MAKES ANY WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS CONTROL. COMPANY OMNI MERCHANTS IN THEIR CURRENT FORM, THAT ITS OMNI MERCHANTS WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE OMNI MERCHANTS WILL MEET THE REQUIRE¬MENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CON¬TENT OR ANY OTHER MATERIALS ON ITS OMNI MERCHANTS OR THE SERVERS AND SOFTWARE THAT MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ON-LINE DATESITS OMNI MERCHANTS AVAILABLE ARE FREE FROM ERRORS, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATESDEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEESIN EACH CASE, REPRESENTATIONSREGARDING THEIR WEB SITES, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, ANY PRODUCTS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURESERVICES DESCRIBED THEREON, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROLITEMS, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INFOSPACE AND COMPANY ACKNOWLEDGES THAT BOTH THE INFOSPACE AND COMPANY WEB SITES, THE TECHNOLOGY AND THE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE, COMPANY OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACE OR COMPANY WEB SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND INFOSPACE ACKNOWLEDGE THAT INFOSPACE AND COMPANY MAKE NO WARRANTY THAT IT WILL MAKE EVERY EFFORT CONTINUE TO OPERATE ITS WEB SITES OR OFFER THE CONTENT IN ITS CURRENT FORM, THAT ITS WEB SITES OR THE CONTENT WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES OR THE CONTENT WILL MEET SCHEDULED DELIVERY THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT, SOFTWARE OR ANY OTHER MATERIALS ON ITS WEB SITES OR THE SERVERS AND ON-LINE DATESSOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.DEFECTS, DESIGN FLAWS OR OMISSIONS. -6-

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEESIN EACH CASE, REPRESENTATIONSREGARDING THEIR WEB SITES, PROMISESANY PRODUCTS OR SERVICES DESCRIBED THEREON, STATEMENTSANY BANNER ADVERTISEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY SOFTWARE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROLITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY AND INFOSPACE ACKNOWLEDGE THAT THEIR RESPECTIVE WEB SITES AND THE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY THE PARTIES OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE WEB SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND INFOSPACE ACKNOWLEDGE THAT INFOSPACE AND COMPANY MAKE NO WARRANTY THAT IT WILL MAKE EVERY EFFORT CONTINUE TO OPERATE ITS WEB SITES OR OFFER THE CONTENT IN ITS CURRENT FORM, THAT ITS WEB SITES OR THE CONTENT WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES OR THE CONTENT WILL MEET SCHEDULED DELIVERY THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT, SOFTWARE OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ON-LINE DATESSOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATESDEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), GUARANTEESIN EACH CASE, REPRESENTATIONSREGARDING THEIR WEB SITES, PROMISESANY PRODUCTS OR SERVICES DESCRIBED THEREON, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY BANNER ADVERTISEMENTS, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROLITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY ACKNOWLEDGES THAT THE INFOSPACE WEB SITES AND ON-LINE DATESTHE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, BUT SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACE WEB SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" AND THAT INFOSPACE MAKES NO GUARANTEE WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES IN THEIR CURRENT FORM, THAT ITS WEB SITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ACCEPTS NO LIABILITY FOR SOFTWARE THAT MAKES ITS FAILURE TO MEET SAID DATESWEB SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANYEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS USE NEITHER PARTY MAKES, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEACH PARTY HEREBY SPECIFICALLY DISCLAIMS, COMPANY MAKES NO WARRANTIES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.), AND NON- INFRINGEMENTEACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). IN EACH CASE. REGARDING THEIR WEB SITES, GUARANTEESANY PRODUCTS OR SERVICES DESCRIBED THEREON, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY BANNER ADVERTISEMENTS, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROLITEMS OR SERVICES PROVIDED UNDER TILLS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY ACKNOWLEDGES THAT THE INFOSPACE WEB SITES AND ON-LINE DATESTHE CONTENT (INCLUDING ANY SERVERS OR, BUT OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING TILE INFOSPACE WEB SITES OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" AND THAT I.NFOSPACE MAKES NO GUARANTEE WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES IN THEIR CURRENT FORM, THAT ITS WEB SITES WILL. BE ACCESSIBLE WITHOUT INTERRUPTION. THAT WEB SITES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY, OR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ACCEPTS NO LIABILITY FOR SOFTWARE THAT MAKES ITS FAILURE TO MEET SAID DATESWEB SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN OR IN ANY DOCUMENT DELIVERED BY COMPANYANY SELLER EXPRESSLY PURSUANT TO THIS AGREEMENT ARE THE ONLY REPRESENTATIONS OR WARRANTIES GIVEN BY THE PARTIES. PURCHASER HEREBY ACKNOWLEDGES THAT, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. PRIOR TO THE FULLEST EXTENT PERMISSIBLE PURSUANT CLOSING DATE, IT WILL HAVE CONDUCTED OR HAD THE OPPORTUNITY TO APPLICABLE LAWCONDUCT ITS OWN INSPECTION AND INVESTIGATION OF THE LOANS AND ASSUMED LEASES AND, COMPANY MAKES NO WARRANTIES (INCLUDING EXCEPT WITH RESPECT TO THE IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITYSELLERS SET FORTH IN THIS AGREEMENT, FITNESS FOR A PARTICULAR PURPOSEIS PURCHASING THE LOANS AND ASSUMED LEASES WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND NON- INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, EXPRESS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, EITHER ORAL OR WRITTEN, MADE BY ANY SELLER OR OTHERWISE ANY AGENT OR REPRESENTATIVE OF A SELLER. EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES HEREIN OR IN ANY DOCUMENT DELIVERED BY ANY SELLER EXPRESSLY PURSUANT TO THIS AGREEMENT, SELLERS HAVE NOT WARRANT MADE AND DO NOT HEREBY MAKE ANY WARRANTY OR GUARANTEE CONVERSION RATESREPRESENTATION WHATSOEVER REGARDING THE FITNESS FOR PARTICULAR PURPOSE, PAY-UP RATES, RESPONSE RATES QUALITY OR ABILITY TO CONVERT MERCHANTABILITY OF THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS LOANS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, ASSUMED LEASES OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ON-LINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATESPORTION THEREOF.

No Additional Warranties. 7.1 THE ADVERTISING SERVICE PROVIDED BY COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR GUARANTEE CONVERSION RATESWARRANTIES, PAY-UP RATESEXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), RESPONSE RATES AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, REGARDING THEIR WEB SITES, ANY PRODUCTS OR ABILITY TO CONVERT SERVICES DESCRIBED THEREON, THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORSCONTENT, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILUREANY BANNER ADVERTISEMENTS, OR ANY OTHER CIRCUMSTANCE BEYOND ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY'S WEB SITES AND THE CONTENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY THE OTHER PARTY OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE HEALTHGRADES WEB SITE, COMPANY WEB SITES, OR THE CONTENT OR PERFORMANCE OF ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" AND THAT NEITHER PARTY MAKES ANY WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS CONTROL. COMPANY WEB SITES IN THEIR CURRENT FORM (EXCEPT AS NECESSARY TO PERFORM ITS OBLIGATIONS HEREUNDER), THAT ITS WEB SITES WILL MAKE EVERY EFFORT BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES WIlL MEET THE SPECIFIC REQUIREMENTS OR EXPECTATIONS OF THE OTHER PARTY (EXCEPT AS NECESSARY TO MEET SCHEDULED DELIVERY PERFORM ITS OBLIGATIONS HEREUNDER), OR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND ON-LINE DATESSOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATESDEFECTS, DESIGN FLAWS OR OMISSIONS.