Warranties Disclaimers Limitation of Liability Sample Clauses

Warranties Disclaimers Limitation of Liability. Lightwave Equipment is subject to third party warranties which will be passed through Lightwave to Customer at no additional charge. Lightwave will comply with all reasonable requirements to effect the pass-through of the warranty to its Customers. At its sole option, Lightwave may replace defective Equipment. The warranty does not cover defects resulting from use contrary to specifications or instructions, acts outside of Lightwave’s control, or repair or modification by anyone other than Lightwave or its technician(s). Lightwave reserves the right to modify this warranty at anytime. The foregoing limitation applies to the acts and omissions of Lightwave, it’s members, officers, employees, agents, contractors, or representatives which, but for these acts and/or omissions, would give rise to a cause or action against Lightwave in this Agreement, tort or any legal doctrine. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Any warranty gives Customer specific legal rights; Customer may also have rights which vary from State to State. Customer expressly agrees that Lightwave is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and Customer hereby releases Lightwave for any such claims based on the activities of third parties. The Service is provided to Customer "as is" without warranty of any kind. Neither Lightwave, nor its affiliates, nor any of its suppliers or licensors, employees or agents warrant that installation, Lightwave’s compliance with special customer installation requests, or the Service will be uninterrupted or error free or free from viruses or other harmful malicious agents even if anti-virus mechanisms are deployed. Lightwave does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representations and warranties of any kind express or implied, including without limitation, any warranties of title, noninfringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed. Lightwave and its employees, representatives and agents are not liable for any costs or damages arising directly or indirectly from the installation, Lightwave’...
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Warranties Disclaimers Limitation of Liability. A. EXCEPT AS OTHERWISE IN THIS AGREEMENT, CONTRACTOR TECHNOLOGY AND THIRD PARTY PLATFORM, THE IMPLEMENTATION SERVICES, THE SUPPORT SERVICES AND THE SOLUTION IS PROVIDED WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CONTRACTOR AND ITS LICENSORS AND PAYMENT PROCESSORS. CONTRACTOR AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE CONTRACTOR TECHNOLOGY AND THIRD PARTY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE CONTRACTOR TECHNOLOGY AND THIRD PARTY PLATFORM WILL NOT DELAY IN PROCESSING OR PAYING, OR (C) CONTRACTOR TECHNOLOGY AND THIRD PARTY PLATFORM WILL MEET REQUIREMENTS WITH RESPECT TO SIZE OR VOLUME. The Contractor Technology and Third Party Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Contractor is not responsible for any delays, delivery failures, or other damage resulting from such problems. Anaheim represents and warrants that Anaheim has not falsely identified itself nor provided any false information to gain access to Contractor Technology or Third Party Platform and that Xxxxxx’x billing information is correct.
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Warranties Disclaimers Limitation of Liability. 12.1 PQE warrants that PQE Services shall be performed with reasonable care and skill with the objective of meeting its obligations under this Q- Message Agreement.
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Warranties Disclaimers Limitation of Liability. THE LICENSE GRANTED HEREIN IS MADE ON AN “AS IS” BASIS, AND LICENSOR HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Warranties Disclaimers Limitation of Liability. 6.1 Warranties of Seller Seller warrants that:
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Warranties Disclaimers Limitation of Liability 
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Related to Warranties Disclaimers Limitation of Liability

  • Disclaimer of Warranty and Limitation of Liability THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

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