Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. Inspected warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by Inspected. As Inspected’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: inspected.com

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Warranties Disclaimer. Inspected Lessor warrants to Lessee that the Service willEquipment, during when delivered, will be in good condition and repair, and, subject to Section 4, comply with all applicable regulations. Lessee acknowledges and agrees that, with the term of your subscription, materially conform to any description exception of the Service published by Inspected. As Inspected’s sole and exclusive liability for breach of this limited warrantyforegoing warranties, and your sole and exclusive remedyLESSOR DOES NOT MAKE, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any lawHAS NOT MADE, ruleNOR SHALL BE DEEMED TO MAKE OR HAVE MADE ANY OTHER WARRANTIES OR REPRESENTATIONS, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED RELATING TO ANY OF THE IMPLIED WARRANTIES OF MERCHANTABILITYMATTERS CONTAINED IN THE AGREEMENT OR THE MASTER LEASE AGREEMENT, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT LEASED HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR MATERIALS OR WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, USE OR OPERATIONS, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, AND NON-INFRINGEMENTCOPYRIGHT OR OTHERWISE. WE DO NOT GUARANTEE THE ACCURACYAll such risks, COMPLETENESSas between Lessor and Lessee, OR USEFULNESS OF THE SERVICEare to be borne by Lessee. Without limiting the foregoing, AND YOU RELY ON THE SERVICE AT YOUR OWN RISKLessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following, regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; (ii) the use, operation or performance of any Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. ANY MATERIAL ACCESSEDIf, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATIONand so long as, WHETHER ORAL OR WRITTENno Event of Default exists under this Agreement, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATELessee shall be, and hereby is, authorized during the Lease Term to assert and enforce, at Lessee’s sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any supplier of the Equipment.

Appears in 1 contract

Samples: www.mobilemodular.com

Warranties Disclaimer. Inspected ServiceTitan warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by InspectedServiceTitan. As InspectedServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected ServiceTitan will make reasonable efforts to correct the non-conformity. You represent Subscriber represents and warrant warrants that: (a) You Subscriber will not upload any information to the Service unless you have Subscriber has all permissions or licenses necessary to do so and to authorize InspectedServiceTitan’s use of that information in accordance with this Agreement; and (b) your Subscriber’s use of the Service will not subject Inspected ServiceTitan to any liability or cause Inspected ServiceTitan to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND INSPECTED SERVICETITAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED SERVICETITAN OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: cdn2.hubspot.net

Warranties Disclaimer. Inspected ServiceTitan warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by InspectedServiceTitan. As InspectedServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You you will not upload or request that ServiceTitan import any information to the Service unless you have all permissions or licenses necessary to do so and to authorize InspectedServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected ServiceTitan to any liability or cause Inspected ServiceTitan to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY BASIS. SERVICETITAN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COMPLETENESSUSAGE, OR USEFULNESS TRADE. SERVICETITAN DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. OR ANY MATERIAL ACCESSED, DOWNLOADED MATERIALS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED THE SERVICE OR SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY PROHIBIT A DISCLAIMER RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF WARRANTIES THE SERVICE AT YOUR OWN DISCRETION AND YOU MAY HAVE OTHER RIGHTS RISK, AND THAT VARY FROM STATE WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO STATEYOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Appears in 1 contract

Samples: cdn2.hubspot.net

Warranties Disclaimer. Inspected Company represents and warrants that it will, consistent with prevailing industry standards, perform the Services in a professional and workmanlike manner and the Services shall conform in all material respects with documentation. For material breach of the foregoing express warranty, Brand’s exclusive remedy shall be the re-performance of the deficient Services. Brand represents and warrants that the Service willpricing provided by Brand for its products and services listed on the Dutchie Platform, during the term of your subscriptionwhether electronically or otherwise, materially conform to any description of the Service published by Inspected. As Inspected’s sole are complete and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOUaccurate. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPHHEREIN, THE SERVICE IS SERVICES DELIVERED UNDER THIS AGREEMENT, AND ANY INFORMATION SUPPLIED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: I) COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED WITH RESPECT TO THE IMPLIED WARRANTIES OF SERVICES PROVIDED HEREUNDER; II) COMPANY DOES NOT GUARANTEE OR WARRANT CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE PURPOSE OF THE ACCURACY, COMPLETENESSSERVICES OR INFORMATION PROVIDED HEREUNDER, OR USEFULNESS OF THAT THE SERVICE, AND YOU RELY PRICING FOR ANY PRODUCT LISTED ON THE SERVICE AT YOUR OWN RISK. DUTCHIE PLATFORM REFLECTS THE ACTUAL PRICE FOR SUCH PRODUCT; AND III) COMPANY DISCLAIMS ALL WARRANTIES RELATED TO THIRD PARTY PAYMENT PROCESSORS AND ANY MATERIAL ACCESSEDDISCREPANCIES, DOWNLOADED MISTAKES, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED INACCURACIES CAUSED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATETHIRD PARTY PAYMENT PROCESSORS.

Appears in 1 contract

Samples: admin.dutchie.com

Warranties Disclaimer. Inspected FireMon hereby warrants that and represents that: (A) FireMon owns or otherwise has the Service willright to license the Software; and (B) for a period of sixty (60) days following the delivery date to Ordering Activity (the “Warranty Period”): (i) the operation of the Software shall be free from defects in material and workmanship under normal use and materially perform in accordance with the Documentation; and (ii) the Software as delivered by FireMon shall not contain any type of software routine or other element which is intentionally designed to permit unauthorized (a) access to or intrusion upon, (b) disabling of, or (c) erasure of any hardware, software, data or peripheral equipment. The foregoing warranties shall not apply to the extent the Software has been modified without the prior written approval of FireMon or non-conformities in the Software are caused by third party products or services. FireMon’s sole obligation under Section 4(B) shall be to use commercially reasonable efforts to remedy material defects in the Software identified by Ordering Activity in writing during the term of your subscriptionWarranty Period. In the event FireMon fails to remedy such material defects, materially conform to any description of the Service published by Inspected. As InspectedOrdering Activity’s sole and exclusive liability for breach of this limited warranty, remedy (and your FireMon’s sole and exclusive remedyliability) shall be to receive a refund of any fees paid for the portion of the Software, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will if any, which does not upload any information materially conform to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, rule, or regulation or guidelineDocumentation. SOME COUNTRIES THE FOREGOING WARRANTIES ARE LIMITED WARRANTIES AND JURISDICTIONS DO NOT ALLOW ARE THE DISCLAIMER ONLY WARRANTIES MADE BY FIREMON. WITH THE EXCEPTION OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPHFOREGOING WARRANTIES, THE SERVICE IS SOFTWARE AND SUPPORT SERVICES ARE PROVIDED ON AN “AS IS.AND “AS AVAILABLE” BASIS AND INSPECTED FIREMON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDOTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, QUIET ENJOYMENT, AND NON-INFRINGEMENTWARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO FIREMON DOES NOT GUARANTEE WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE ACCURACY, COMPLETENESSSOFTWARE OR SUPPORT SERVICES WILL MEET ORDERING ACTIVITY’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR FREE, OR USEFULNESS OF THAT DEFECTS IN THE SERVICESOFTWARE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL ACCESSEDIF ANY, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATECORRECTED.

Appears in 1 contract

Samples: License and Support Agreement

Warranties Disclaimer. Inspected MariaDB represents and warrants that it has the Service willnecessary experience, during the term of your subscriptionknowledge, materially conform skill and resources to any description of the Service published by Inspected. As Inspected’s sole carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOUpractices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE IMMEDIATELY PRECEDING PARAGRAPHEXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BASIS. MARIADB EXPRESSLY DISCLAIMS, AND INSPECTED CUSTOMER EXPRESSLY DISCLAIMS WAIVES, ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGRELATED HERETO INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND NON-INFRINGEMENTACCURACY OF INFORMATIONAL CONTENT. WE DO NOT GUARANTEE WITHOUT LIMITING THE ACCURACY, COMPLETENESS, OR USEFULNESS GENERALITY OF THE SERVICEFOREGOING, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. MARIADB DOES NOT WARRANT RESULTS OR THAT ANY MATERIAL ACCESSEDSOFTWARE, DOWNLOADED SUBSCRIPTION SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WORK PRODUCT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATIONAND ALL CUSTOMER’S DATA, WHETHER ORAL OR WRITTENDATABASES, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES FILES, UTILITIES, SOFTWARE AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATESYSTEMS.

Appears in 1 contract

Samples: Mariadb Professional Services Agreement

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Warranties Disclaimer. Inspected ServiceTitan warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by InspectedServiceTitan. As InspectedServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You you will not upload or request that ServiceTitan import any information to the Service unless you have all permissions or licenses necessary to do so and to authorize InspectedServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected ServiceTitan to any liability or cause Inspected ServiceTitan to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY BASIS. SERVICETITAN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESSQUIET ENJOYMENT, OR USEFULNESS NON- INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SERVICETITAN DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. OR ANY MATERIAL ACCESSED, DOWNLOADED MATERIALS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED THE SERVICE OR SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY PROHIBIT A DISCLAIMER RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF WARRANTIES THE SERVICE AT YOUR OWN DISCRETION AND YOU MAY HAVE OTHER RIGHTS RISK, AND THAT VARY FROM STATE WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO STATEYOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Appears in 1 contract

Samples: assets.ctfassets.net

Warranties Disclaimer. Inspected warrants that Specific warranties applicable to each Service, to the Service willextent given, will apply only during the term of your subscription, materially conform to any description of the applicable Service published by Inspected. As Inspected’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOUTerm. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPHAGREEMENT, THE SERVICE IS SERVICES ARE PROVIDED EXCLUSIVELY ON AN “AS IS” BASIS, AND “AS AVAILABLE” BASIS XXXXXX DISCLAIMS ANY AND INSPECTED EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED WITH RESPECT TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT AND TITLE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. XXXXXX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. XXXXXX AND CUSTOMER ACKNOWLEDGE THAT THE SERVICES ARE NOT AND CANNOT BE MADE TO BE 100% ACCURATE, AND NON-INFRINGEMENT. WE DO THAT ANY ERRORS OR FAILURE TO PERFORM SHALL NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS BE DEEMED A BREACH OF ANY APPLICABLE SPECIFIC WARRANTY UNLESS THEY ARE SIGNIFICANT AND NOT TO BE EXPECTED IN LIGHT OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISKLIMITATIONS OF SERVICES OF THIS TYPE. XXXXXX DOES NOT WARRANT OR GUARANTEE ANY MATERIAL ACCESSED, DOWNLOADED SPECIFIC RESULTS FROM CUSTOMER’S OR OTHERWISE OBTAINED THROUGH THE ITS CUSTOMER USERS’ USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL SERVICES. AS BETWEEN THE PARTIES, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS ENSURING THE ACCURACY OF ALL CUSTOMER DATA THAT RESULTS FROM PROVIDED BY CUSTOMER IN CONNECTION WITH THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATESERVICES.

Appears in 1 contract

Samples: kelvin.education

Warranties Disclaimer. Inspected DataTurk warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by InspectedDataTurk. As InspectedDataTurk’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected DataTurk will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You you will not upload or request that DataTurk import any information to the Service unless you have all permissions or licenses necessary to do so and to authorize InspectedDataTurk’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected DataTurk to any liability or cause Inspected DataTurk to violate any law, rule, or regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY BASIS. DATATURK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COMPLETENESSUSAGE, OR USEFULNESS TRADE. DATATURK DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. OR ANY MATERIAL ACCESSED, DOWNLOADED MATERIALS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DATATURK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED THE SERVICE OR DATATURK OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING DATATURK OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY PROHIBIT A DISCLAIMER RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF WARRANTIES THE SERVICE AT YOUR OWN DISCRETION AND YOU MAY HAVE OTHER RIGHTS RISK, AND THAT VARY FROM STATE WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO STATEYOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DataTurk does not disclaim any warranty or other right that DataTurk is prohibited from disclaiming under applicable law.

Appears in 1 contract

Samples: , LLC Service Agreement

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