Common use of UNDERSTAND AND AGREE THAT Clause in Contracts

UNDERSTAND AND AGREE THAT. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COREL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COREL MAKES NO WARRANTY WITH RESPECT TO PERFORMANCE, SECURITY, CAPABILITY, CURRENTNESS, OR THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER CAUSED BY VIRUS OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL COREL BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COREL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

UNDERSTAND AND AGREE THAT. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, YOUR MY USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PERSONAL FINANCE MANAGEMENT SERVICE IS AT YOUR MY SOLE RISK. THE PERSONAL FINANCE MANAGEMENT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COREL , AS BETWEEN BANK AND I, AND BANK AND SERVICE PROVIDER EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. COREL MAKES NO WARRANTY WITH RESPECT TO PERFORMANCELIMITATION OF LIABILITY. I AGREE THAT NEITHER BANK NOR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, SECURITYACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, CAPABILITYINDIRECT, CURRENTNESSINCIDENTAL, SPECIAL, CONSEQUENTIAL OR THAT EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BANK OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE SERVICE WILL MEET YOUR REQUIREMENTSUSE OR THE INABILITY TO USE THE SERVICE; (ii) THE SERVICE WILL BE UNINTERRUPTEDCOST OF GETTING SUBSTITUTE GOODS AND SERVICES, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLESERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE UTILIZING OR ACCESSING THE QUALITY SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY PRODUCTSTHIRD-PARTY ACCOUNT PROVIDER SITE, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH EVEN IF THE SERVICE WILL MEET YOUR EXPECTATIONSPROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vVII) ANY ERRORS IN OTHER MATTER RELATING TO THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER CAUSED BY VIRUS OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL COREL BE LIABLE FOR ANY UNAUTHORIZED USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COREL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Sources: Online Banking Agreement & Disclosure