Common use of PFT Clause in Contracts

PFT. PFT warrants that the System shall perform in all material respects in accordance with the then-current documentation provided by PFT. PFT’s sole responsibility, and your sole remedy, under this warranty with respect to any material defects in the System shall be PFT’ use of commercially reasonable efforts to correct the defect within a reasonable period of time. PFT shall have no responsibility for, and this warranty shall be voided in the event of: (i) errors or defects caused by you or your PFI’s neglect, misuse, or damage to the System; (ii) use of the System with any technology or data not in accordance with the PFT’s specifications; (iii) use of data input forms not provided by or approved by PFT; or (iv) any loss of data or use of the System as a result of any breach of security of the technology used by you or your PFI in connection with the System. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SYSTEM (INCLUDING THE WEBSITE) AND ANY CONTENT PROVIDED THEREIN IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PFT DOES NOT WARRANT THAT: (A) THE SYSTEM SHALL SATISFY YOUR REQUIREMENTS; (B) IS WITHOUT DEFECT OR ERROR; OR (C) SHALL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. PFT does not and cannot control the flow of data to or from PFT’ network, its service provider’s network, or other portions of the Internet. Accordingly, PFT cannot guarantee that your connection to the Internet will not be impaired or disrupted, and PFT hereby disclaims any and all liability resulting from or related to such events. Without limiting the generality of the foregoing, PFT makes no warranty that the transactions communicated via the System will be executed or completed or that information posted on the System will be timely or accurate.

PFT. PFT warrants that the System shall perform in all material respects in accordance with the then-current documentation provided by PFT. PFT’s sole responsibility, and your sole remedy, under this warranty with respect to any material defects in the System shall be PFT’ ’s use of commercially reasonable efforts to correct the defect within a reasonable period of time. PFT shall have no responsibility for, and this warranty shall be voided in the event of: (i) errors or defects caused by you or your PFI’s neglect, misuse, or damage to the System; (ii) use of the System with any technology or data not in accordance with the PFT’s specifications; (iii) use of data input forms not provided by or approved by PFT; or (iv) any loss of data or use of the System as a result of any breach of security of the technology used by you or your PFI in connection with the System. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SYSTEM (INCLUDING THE WEBSITE) AND ANY CONTENT PROVIDED THEREIN IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PFT DOES NOT WARRANT THAT: (A) THE SYSTEM SHALL SATISFY YOUR REQUIREMENTS; (B) IS WITHOUT DEFECT OR ERROR; OR (C) SHALL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. PFT does not and cannot control the flow of data to or from PFT’ ’s network, its service provider’s network, or other portions of the Internet. Accordingly, PFT cannot guarantee that your connection to the Internet will not be impaired or disrupted, and PFT hereby disclaims any and all liability resulting from or related to such events. Without limiting the generality of the foregoing, PFT makes no warranty that the transactions communicated via the System will be executed or completed or that information posted on the System will be timely or accurate.