Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:

Appears in 2 contracts

Samples: Terms Of, Terms Of

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Warranty Disclaimer. NOTWITHSTANDING ANYTHING We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service or errors in the BOB Advantage service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that BOB Advantage services will be uninterrupted or error free. Our sole obligation to you arising out of (i) the non-availability of BOB Advantage or (ii) an interruption or delay in providing BOB Advantage, shall be to use commercially reasonable efforts to resume such services. FOREGOING IS OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN THESE TERMS NO EVENT SHALL THE BANK (OR ELSEWERE TO ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE CONTRARY AND TO POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREININSTALLATION, THE USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT, BOB ADVANTAGE, OR ANY SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"ACCESSED THROUGH BOB ADVANTAGE. WE MAKE NO WARRANTY, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEXPRESSED OR IMPLIED, CONCERNING BOB ADVANTAGE OR ITS RELATED SERVICES, WEB BROWSERS, INTERNET SERVICES, OR OTHER SERVICES, AND WITHOUT WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, WHETHER EXPRESSWE MAKE ONLY THE WARRANTIES SPECIFICALLY REQUIRED BY APPLICABLE LAW. IN NO EVENT SHALL ANY LICENSOR OR PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTLOSS OF DATA, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDMALFUNCTION, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES DEFECT OF OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, CAUSED BY SUCH SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN SERVICE. ALL SUCH SOFTWARE AND SERVICES ARE PROVIDED "AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:IS."

Appears in 2 contracts

Samples: www-d.firstcitizens.com, usaflightbank.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE SUPPORT ARE PROVIDED ON AN "AS IS".” DEVOPSMX DOES NOT WARRANT THAT THE PRODUCTS AND SUPPORT PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTHAT THEY WILL BE FREE FROM DEFECTS, AND WITHOUT OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER DEVOPSMX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, WHETHER EXPRESSOR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTO THE FULL EXTENT PERMITTED BY LAW, AND EXPRESSLY DISCLAIM ANY THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY OR REPRESENTATION PERIOD. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDPRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, TIMELYWITHOUT LIMITATION, SECUREDAIR OR SPACE TRAVEL, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPOWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, DEVOPSMX MAKES NO WARRANTY AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY LAWS APPLICABLE TO YOU; AND/USE OF THE PRODUCTS OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CLOUD SERVICES IN SUCH SITUATIONS.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS SECTION 9, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "TO YOU “AS IS", “” AND WITH ALL FAULTS” FAULTS AND "AS AVAILABLE" BASIS, AND DEFECTS WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. CUSTOMER, ON ITS OWN BEHALF AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS ON BEHALF OF ITS AFFILIATES AND VENDORS (INCLUDING, THE THIRD PARTY USERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY EXPRESSLY DISCLAIM ANY ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND YOUR APPLICATION(S), INCLUDING ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESSAND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, IMPLIED COURSE OF PERFORMANCE, USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Logtrade PROVIDES NO WARRANTY OR UNDERTAKING, AND EXPRESSLY DISCLAIM MAKES NO REPRESENTATION OF ANY WARRANTY OR REPRESENTATION KIND THAT THE SERVICES ON THE APP/THE WEBSITE OR YOUR APPLICATION(S) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTEDCOMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, TIMELYAPPLICATIONS, SECUREDSYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, FREE OR THAT DATA WON’T BE LOST, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINExcept as set expressly provided in Solodev's Agreement, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"Solodev is not liable for any delay or failure to perform its obligations under this Agreement, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISwhere the delay or failure results from any act of God or other cause beyond its reasonable control (including, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESwithout limitation, SUBCONTRACTORSany mechanical, AGENTS AND VENDORS (INCLUDINGelectronic, THE THIRD PARTY SERVICE PROVIDERScommunications, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONor third-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODEparty supplier failure). EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, WE DO NOT WARRANTNEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND OTHER SERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR REPRESENTATION (I) THAT OUR SERVICES (OR DAMAGES CAUSED BY ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITETHIRD-PARTY PROVIDERS. WE FURTHER NOTIFY YOU THAT:Defects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Appears in 2 contracts

Samples: d7umqicpi7263.cloudfront.net, d7umqicpi7263.cloudfront.net

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY ALL PKLA PRODUCT KITS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SUPPORT SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISQTIL AND ITS AFFILIATES MAKE NO WARRANTIES, AND WITHOUT WARRANTIES OF EXPRESS OR IMPLIED, WITH RESPECT TO ANY KIND. WE AND OUR AFFILIATESPKLA PRODUCT KITS, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-OR AGAINST INFRINGEMENT, WHETHER EXPRESS, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS (A) A WARRANTY OR REPRESENTATION THAT BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS AS TO THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDVALIDITY OR SCOPE OF ANY PATENT, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES COPYRIGHT OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY INTELLECTUAL PROPERTY RIGHT OR (B) A WARRANTY OR REPRESENTATION (I) BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS THAT OUR SERVICES (ANY MANUFACTURE OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, USE OF ANY CERTAIN QUALITYPKLA PRODUCT KIT, RELIABLESUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED HEREUNDER WILL BE FREE FROM INFRINGEMENT OF PATENTS, SUITABLE FORCOPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR COMPATIBLE WITH, ANY AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN LICENSEE TO MAKE SUCH DETERMINATION AS SUCH AT ANY TIME), OR COMPLY IS NECESSARY WITH ANY LAWS APPLICABLE RESPECT TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES.

Appears in 2 contracts

Samples: Agreement, Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSTATED OTHERWISE IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES ON THW APP /THE WEBSITE ARE OR OTHER SERVICES PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE BY US OR A THIRD PARTY SERVICE PROVIDERSVENDOR, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDINCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT THE SERVICE AND/OR REPRESENTATIONS ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE VENDOR WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTPURPOSE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; INTERNET AND/OR (II) REGARDING TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY CONTENTOF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, INFORMATIONWE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN THE SERVICE SCHEDULE SHALL BE IN ADDITION TO, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH AND NOT IN LIEU OF, THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DISCLAIMERS STATED HEREIN.

Appears in 2 contracts

Samples: usaflightbank.com, www.firstcitizens.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS TO THE CONTRARY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NO WARRANTY IS MADE THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE SOFTWARE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO. X-SW-1031W IS FREE SOFTWARE LICENSED UNDER THE TERMS OF THE GNU GENERAL PUBLIC LICENSE VERSION 2 AS PUBLISHED BY THE FREE SOFTWARE FOUNDATION. X-SW103W IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY WARRANTY; WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEE THE GNU GENERAL PUBLIC LICENSE FOR MORE DETAILS, <XXXX://XXX.XXX.XXX/ LICENSES/>. YOU MAY OBTAIN A COPY OF THE SOURCE CODE FOR X-SW-1031W UNDER THE TERMS OF THE GPL UPON WRITTEN REQUEST. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR THE PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR PRODUCT, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY SOFTWARE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE DOCUMENTATION ARE PROVIDED ON AN "TO LICENSEE “AS IS", “” AND WITH ALL FAULTS” FAULTS AND "AS AVAILABLE" BASIS, AND DEFECTS WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS ON BEHALF OF ITS AFFILIATES AND VENDORS (INCLUDING, THE THIRD PARTY ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, WHETHER EXPRESSAND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, IMPLIED COURSE OF PERFORMANCE, USAGE, OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND EXPRESSLY DISCLAIM MAKES NO REPRESENTATION OF ANY WARRANTY OR REPRESENTATION KIND THAT THE SERVICES ON LICENSED SOFTWARE WILL MEET THE APP/THE WEBSITE WILL LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTEDCOMPATIBLE, TIMELYOR WORK WITH ANY OTHER SOFTWARE, SECUREDAPPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT DATA WON’T BE LOST, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 2 contracts

Samples: License Agreement (Radar USA Inc.), Service Level Agreement (Radar USA Inc.)

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO YOUR USE OF THE CONTRARY AND TO DGAssistant SOFTWARE SERVICE IS AT YOUR SOLE RISK. THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE DGAssistant SOFTWARE SERVICE IS PROVIDED ON AN "AS IS", ,” “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS.” YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND CONTENT FROM THE DGAssistant SOFTWARE SERVICE. DGAssistant MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DGAssistant SOFTWARE SERVICE OR SUPPORT SERVICES (IF ANY). YOU UNDERSTAND THAT DGAssistant USES AFFILIATES, THIRD- PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND WITHOUT WARRANTIES OF ANY KINDRELATED TECHNOLOGY REQUIRED TO RUN THE DGAssistant SOFTWARE SERVICE. WE AND OUR AFFILIATESEXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM DGAssistant DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND WARRANTIES OF ANY KINDIMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES AND/OR REPRESENTATIONS OF TITLE, MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT, WHETHER EXPRESSAVAILABILITY, IMPLIED ERROR-FREE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTUNINTERRUPTED OPERATION, AND EXPRESSLY ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT DGAssistant MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS MINIMUM PERMITTED UNDER APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LAW.

Appears in 2 contracts

Samples: General Terms, www.dgassistant.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT FOR THE LIMITED WARRANTY IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSECTION 7.1, THE PAXATA PRODUCT AND ALL RELATED SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"”. NEITHER PAXATA NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEXPRESS OR IMPLIED, AND WITHOUT STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NONINFRINGEMENT. PAXATA DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT CUSTOMER’S USE OF THE SERVICES ON THE APP/THE WEBSITE PAXATA PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR-FREE, NOR DOES PAXATA WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (FOR ACCURACY OR THAT IT WILL REMAIN AS SUCH AT PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. PAXATA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PAXATA. PAXATA FURTHER ASSUMES NO LIABILITY FOR ANY TIME)CUSTOMER DATA THAT IS NOT PROPERLY TRANSMITTED, RECEIVED OR COMPLY WITH STORED BY ANY LAWS APPLICABLE PARTY OTHER THAN PAXATA. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: Subscription Agreement, www.paxata.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN THESE TERMS CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR ELSEWERE IMPLIED, INCLUDING BUT NOT LIMITED TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT IMPLIED WARRANTIES OF ANY KIND. WE MERCHANTABILITY AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTANY SIMILAR WARRANTY, WHETHER EXPRESS, IMPLIED SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR STATUTORY.WE ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND OUR VENDORS TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT WARRANT, PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND EXPRESSLY THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY OR REPRESENTATION THAT AS A MATTER OF APPLICABLE LAW, THE SERVICES ON THE APP/THE WEBSITE SCOPE AND DURATION OF SUCH WARRANTY WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS MINIMUM PERMITTED UNDER SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LAW.

Appears in 2 contracts

Samples: Retail Master Terms and Conditions of Service, Retail Master Terms and Conditions of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT AS SET FORTH IN THESE TERMS SECTIONS 9.1 AND 9.2 ABOVE, THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ELASTIC MAKES NO ADDITIONAL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR ELSEWERE STATUTORY, REGARDING OR RELATING TO THE CONTRARY AND SUPPORT SERVICES, ANY CLOUD SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTINFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE(S), WHETHER EXPRESSTHE SUPPORT SERVICES, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTHE DOCUMENTATION, AND EXPRESSLY DISCLAIM ANY WARRANTY OTHER SERVICES OR REPRESENTATION OTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. MSP AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH ITS USE OF THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE SUPPORT SERVICES ON AND APPLICABLE CLOUD SERVICE AND ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE APP/THE WEBSITE WILL BE UNINTERRUPTEDOPERATION OF NUCLEAR FACILITIES, TIMELYAIRCRAFT, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDWEAPONS SYSTEMS, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING LIFE SUPPORT SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 2 contracts

Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO EXCEPT FOR THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY LIMITED SOFTWARE WARRANTY SET FORTH HEREININ SECTION 7, THE SERVICES ON THW APP /THE WEBSITE SOFTWARE AND ALL PUBLICLY AVAILABLE SOFTWARE INCLUDED IN THE SOFTWARE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTSAND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE AND OUR AFFILIATESTHE LIMITED SOFTWARE WARRANTY CONTAINED IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, SUBCONTRACTORSEXPRESS OR IMPLIED, AGENTS AND VENDORS (INCLUDINGSTATUTORY OR OTHERWISE, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPURPOSE, OR THAT NONINFRINGEMENT, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES TRADE, OR OTHER HARMFUL CODEBY COURSE OF DEALING. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTWARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SHALL NOT BE LIABLE FOR DELAYS, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FORINTERRUPTIONS, OR COMPATIBLE WITH, ANY OTHER PROBLEMS INHERENT IN THE USE OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)THE INTERNET AND ELECTRONIC COMMUNICATIONS, OR COMPLY FOR ISSUES RELATED TO ANY THIRD PARTIES WITH ANY LAWS APPLICABLE WHOM YOU SEPARATELY CONTRACT WITH OR UTILIZE TO YOU; AND/OR (II) REGARDING ANY CONTENTCONNECT WITH THE SOFTWARE THROUGH OUR LICENSE PORTAL. YOU MAY HAVE OTHER STATUTORY RIGHTS, INFORMATIONBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH IF ANY, ARE LIMITED TO THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE SYNAPTICON WARRANTS THAT THE SOFTWARE AND DOCUMENTATION CONFORMS TO THE CONTRARY AND TO SPECIFICATIONS. EXCEPT FOR THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS FOREGOING LIMITED WARRANTY EXPRESSLY SET FORTH HEREINGRANTED , THE SERVICES ON THW APP /THE WEBSITE PACKAGE AND DOCUMENTATION ARE PROVIDED ON AN "LICENSED “AS IS", “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM SYNAPTICON DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDOTHER WARRANTIES, INCLUDING WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLESATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER EXPRESSTO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTSYNAPTICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION DOES NOT WARRANT THAT THE SERVICES ON PACKAGE WILL MEET THE APP/CUSTOMERS REQUIREMENTS OR THAT OPERATION OF THE WEBSITE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECUREDSECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE SYNAPTICON’ PRODUCTS, OR THAT ANY INFORMATION OR DATA WON’T STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, CORRUPTED OR THAT DESTROYED. THE APP/CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE WEBSITEAND PACKAGE TO ACHIEVE THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTCUSTOMERS INTENDED RESULTS, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, FOR THE RESULTS OBTAINED FROM THE CUSTOMERS USE OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:PACKAGE.

Appears in 2 contracts

Samples: Synapticons End User License Agreement, Synapticons End User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH STATED HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISNEITHER PARTY OR ITS AFFILIATES MAKE ANY EXPRESS WARRANTIES, AND WITHOUT WARRANTIES OF EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, TO THE OTHER PARTY OR ANY KIND. WE AND OUR AFFILIATESTHIRD PARTY, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND USE OR PURPOSE, NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTITLE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODEQUIET ENJOYMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH STATED HEREIN, WE DO T-MOBILE PROVIDES THE SERVICE (INCLUDING ALL ROAMING AND OTHER SERVICES) AND THE FACILITIES “AS IS” AND “WHERE IS.” T-MOBILE DOES NOT WARRANTGUARANTEE THAT ALL EQUIPMENT WILL WORK CORRECTLY (OR AT ALL) WITH THE T-MOBILE NETWORK OR THE SERVICE, AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT T-MOBILE WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR INTEROPERABILITY BETWEEN EQUIPMENT AND THE T-MOBILE NETWORK OR SERVICE. DISH ACKNOWLEDGES THAT T-MOBILE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY DISCLAIM PROVIDED IN THIS AGREEMENT OR IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FOR ANY WARRANTY FAILURE, DEFECTS, MALFUNCTIONS OR REPRESENTATION (I) THAT OUR SERVICES (ERRORS IN THE FACILITIES OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, FOR THE PROVISION OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, SERVICE TO DISH OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:ITS END USERS.

Appears in 2 contracts

Samples: Master Network Services Agreement (T-Mobile US, Inc.), Master Network Services Agreement (DISH Network CORP)

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE PLATFORM, SUPPLIER DATA, SUPPLYSHIFT CONTENT, THIRD-PARTY CONTENT, ASSESSMENT TEMPLATES, AND ALL TECHNICAL SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISSUPPLYSHIFT MAKES NO OTHER WARRANTIES, AND WITHOUT EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO . SUPPLYSHIFT DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON USE OF THE APP/THE WEBSITE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR- FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR NOR DOES SUPPLYSHIFT WARRANT THAT IT WILL REMAIN AS SUCH AT ANY TIME)REVIEW THE ASSESSMENTS, SUPPLIER DATA, THIRD-PARTY CONTENT, OR COMPLY BUYER DATA FOR ACCURACY. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH ANY LAWS APPLICABLE RESPECT TO YOU; AND/THIRD-PARTY CONTENT OR (II) REGARDING ANY CONTENTSUPPLIER DATA. BUYER MAY HAVE OTHER STATUTORY RIGHTS, INFORMATIONBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH IF ANY, SHALL BE LIMITED TO THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: Platform Access Agreement, Platform Access Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE SUPPORT ARE PROVIDED ON AN "AS IS".” CLOUDBEES DOES NOT WARRANT THAT THE PRODUCTS AND SUPPORT PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTHAT THEY WILL BE FREE FROM DEFECTS, AND WITHOUT OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER CLOUDBEES NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, WHETHER EXPRESSOR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTO THE FULL EXTENT PERMITTED BY LAW, AND EXPRESSLY DISCLAIM ANY THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY OR REPRESENTATION PERIOD. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDPRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, TIMELYWITHOUT LIMITATION, SECUREDAIR OR SPACE TRAVEL, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPOWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, CLOUDBEES MAKES NO WARRANTY AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY LAWS APPLICABLE TO YOU; AND/USE OF THE PRODUCTS OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CLOUD SERVICES IN SUCH SITUATIONS.

Appears in 2 contracts

Samples: Software Subscription Agreement, Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO EXCEPT FOR THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS WARRANTIES EXPRESSLY SET FORTH HEREININ SECTIONS 7(a)-7(c), OF THIS AGREEMENT, THE SOFTWARE, (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISOPIE EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND WITHOUT CONDITIONS (INCLUDING THOSE BY OUR SUPPLIERS), INCLUDING ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND NON-INFRINGEMENTHOSTING SERVICES WILL BE FREE OF INTERRUPTIONS OR ERRORS. OPIE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OPIE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, WHETHER EXPRESSTHEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, IMPLIED PROGRAMS, PROCEDURES OR STATUTORY.WE AND OUR VENDORS INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. SOME JURISDICTIONS DO NOT WARRANTALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE JURISDICTION TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:JURISDICTION.

Appears in 2 contracts

Samples: Master Solution Agreement, Master Solution Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE THE LICENSED INTELLECTUAL PROPERTY IS LICENSED TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN LICENSEE "AS IS"." LICENSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING ITS RIGHT, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTITLE, AND WITHOUT WARRANTIES AUTHORITY AND/OR CAPACITY TO GRANT THE RIGHTS TO LICENSEE PROVIDED FOR HEREIN NOR REGARDING ANY PENDING OR THREATENED, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT OR OTHER CLAIMS OF ANY KINDKIND WITH RESPECT TO THE LICENSED INTELLECTUAL PROPERTY. WE AND OUR AFFILIATESWITHOUT LIMITING THE FOREGOING, SUBCONTRACTORSLICENSOR MAKES NO WARRANTY OR GUARANTEE THAT THE LICENSED INTELLECTUAL PROPERTY WILL NOT IN THE FUTURE BE INVOLVED IN ANY INTERFERENCE, AGENTS AND VENDORS (REISSUE, REEXAMINATION OR OPPOSITION PROCEEDING; DOES NOT NOW INTERFERE OR WILL NOT IN THE FUTURE INTERFERE WITH A PATENT OR PATENT APPLICATION OF ANY THIRD PARTY; OR IS NOT NOW, OR WILL NOT IN THE FUTURE BE, INFRINGED, CHALLENGED OR THREATENED. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS CONDITIONS OF MERCHANTABILITY, FUNCTIONALITYSATISFACTORY QUALITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPURPOSE, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE IMPLIED WARRANTIES ARISING FROM VIRUSES COURSE OF PERFORMANCE, COURSE OF DEALING OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, USAGE OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:TRADE.

Appears in 1 contract

Samples: Exclusive License Agreement (Pro Dex Inc)

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS YOUR USE OF THE SERVICE AND PRODUCTS IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR ELSEWERE TO THROUGH THE CONTRARY SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE PRODUCTS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENTINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PROPHECY, NOR ANY OF ITS PARENT, SUBSIDIARIES, OR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER EXPRESSORAL OR WRITTEN, IMPLIED OBTAINED FROM PROPHECY OR STATUTORY.WE AND OUR VENDORS DO THROUGH THE SERVICE OR PRODUCTS WILL CREATE ANY WARRANTY, EXPRESS OR IMPLIED, NOT WARRANTEXPRESSLY MADE IN THIS AGREEMENT . WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, AND EXPRESSLY DISCLAIM RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR PRODUCTS OR ANY WARRANTY CONTENT, MATERIAL OR REPRESENTATION THAT THE SERVICES ITEMS ON THE APP/SERVICE OR PRODUCTS OR LINKED TO BY THE WEBSITE WILL BE UNINTERRUPTEDSERVICE OR PRODUCTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, TIMELYMISTAKES OR INACCURACIES OF CONTENT, SECUREDMATERIAL OR ITEMS (FOR CLARITY, ERROR FREEON OR OFF THE SERVICE OR PRODUCTS), THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, (B) PERSONAL INJURY OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATEPROPERTY DAMAGE, OF ANY CERTAIN QUALITYNATURE WHATSOEVER, RELIABLERESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR PRODUCTS, SUITABLE FOR(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON THE SERVICE OR PRODUCTS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR PRODUCTS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR COMPATIBLE WITHTHE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE AND PRODUCTS BY ANY OF YOUR CONTEMPLATED ACTIVITIESTHIRD PARTY, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (IIF) REGARDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATIONMATERIAL OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, REPORTS MATERIAL OR RESULTS THAT YOU OBTAIN ITEMS TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP AND/SERVICE OR PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE WEBSITE. WE FURTHER NOTIFY YOU THAT:EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Use Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS MAXIMIZER MAKES NO WARRANTY CONCERNING THE SOFTWARE OR ELSEWERE SERVICES, AND CUSTOMER ACKNOWLEDGES THAT MAXIMIZER’S SOLE OBLIGATION WITH REGARD TO THE CONTRARY AND SOFTWARE IS TO PROVIDE THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SERVICES ON THW APP /THE WEBSITE SOFTWARE, MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY MAXIMIZER AND ITS SUPPLIERS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS,” WITHOUT CONDITIONS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAXIMIZER AND OUR AFFILIATESITS SUPPLIERS MAKE NO OTHER WARRANTIES OR CONDITIONS, SUBCONTRACTORSEXPRESS OR IMPLIED, AGENTS AND VENDORS (BY OPERATION OF LAW OR OTHERWISE, INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR REPRESENTATIONS CONDITIONS OF MERCHANTABILITYNONINFRINGEMENT, FUNCTIONALITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, WHETHER EXPRESS, IMPLIED COURSE OF DEALING OR STATUTORY.WE AND OUR VENDORS DO USAGE OF TRADE. MAXIMIZER DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE SOFTWARE WILL BE PERFORM ERROR-FREE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDCOMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE APP/SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN THE WEBSITEAND LOCATION OF THE SERVICES PROVIDED THEREON CUSTOMER. THOSE WHO ACCESS OR USE THE SOFTWARE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) RESPONSIBLE TO ENSURE THAT OUR SERVICES (OR ANY PORTION THEREOF) THEIR USE IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY IN COMPLIANCE WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LOCAL LAW.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE AND OUR AFFILIATESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBCONTRACTORSINTERMEDIA DISCLAIMS ALL WARRANTIES, AGENTS AND VENDORS (INCLUDINGEXPRESS, THE THIRD PARTY SERVICE PROVIDERSIMPLIED, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTMERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, WHETHER EXPRESSOR ITS EMPLOYEES, IMPLIED DIRECTORS, CONTRACTORS, OR STATUTORY.WE AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE CLIENT SOFTWARE OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO AND OUR VENDORS USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT WARRANTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT SO THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO ABOVE LIMITATIONS MAY NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE APPLY TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: www.intermedia.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN THESE TERMS OR ELSEWERE THIS AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISHEREUNDER, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSTATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, LIMITATION WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS” AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM EXCLUSIVE OF ANY WARRANTY OR REPRESENTATION WHATSOEVER. SUPPLIER DOES NOT WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR ARE ERROR-FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (CONTINUOUS OR THAT IT WILL REMAIN IS COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SUCH AT SPECIFIED IN THE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY TIME)LOSS, OR COMPLY WITH DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS INSTRUCTIONS OR RESULTS THAT YOU OBTAIN THROUGH SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE APP AND/SERVICES, OR ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICES AND ANY OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY AUTHORIZED USER’S NETWORK CONNECTIONS, OR TELECOMMUNICATIONS LINKS, OR ANY INTERNET ISSUES.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ALL PRODUCTS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS, LICENSOR AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY ITS RESELLERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY WARRANTY OF MERCHANTABILITY, FUNCTIONALITYNON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY.WE STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. LICENSOR SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OUR VENDORS DO NOT WARRANTOTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LICENSOR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXPRESSLY DISCLAIM NEITHER LICENSOR NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION THAT GUARANTEE AS TO THE SERVICES ON RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE APP/THE WEBSITE USE OF ANY PRODUCTS WILL BE UNINTERRUPTEDSECURE, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:;

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO YOU AGREE THAT YOUR USE OF THE CONTRARY PRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIRBELA (ON BEHALF OF ITSELF AND THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"VIRBELA PARTIES) DISCLAIMS ALL WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR VENDORS SITE. VIRBELA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. XXXXXXX DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE VIRBELA PARTIES DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDENDORSE, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDGUARANTEE, OR THAT ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTSERVICES, AND EXPRESSLY DISCLAIM THE VIRBELA PARTIES WILL NOT BE A PARTY TO OR IN ANY WARRANTY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICES.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS BITGLASS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ELSEWERE OTHERWISE, WITH RESPECT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT SERVICES, SOFTWARE OR OTHER CONTENT, MATERIALS OR INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THIS AGREEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN, IN SECTION 6.1 AND THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISBITGLASS SLA, AND WITHOUT BITGLASS DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM INCLUDING ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR NONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, WHETHER EXPRESSDEALING, IMPLIED USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTRADE. WITHOUT LIMITING THE FOREGOING, AND BITGLASS PROVIDES NO WARRANTY THAT USE OF THE SERVICES OR THE SITE WILL BE SECURE OR FREE FROM BUGS, VIRUSES OR ERROR (OTHER THAN AS EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANTED IN SECTION 6.1 ABOVE), THAT THE SERVICES ON OR THE APP/THE WEBSITE SITE, OR ANY FEATURES OR FUNCTIONALITY THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED OR AVAILABLE WHEN NEEDED (OTHER THAN AS EXPRESSLY PROVIDED IN THE BITGLASS SLA) OR THAT THE APP/THE WEBSITEAND DATA AND INFORMATION YOU PROVIDE IN CONNECTION WITH USE OF THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES AND THE SITE WILL BE SECURE, BACKED-UP OR PRESERVED. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT, FOLLOWING THE TERMINATION OF THIS AGREEMENT, BITGLASS WILL HAVE NO OBLIGATION TO RETAIN OR STORE ANY DATA OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS INFORMATION THAT YOU OBTAIN SUBMIT TO OR THROUGH THE APP AND/SERVICES OR THE WEBSITESITE. WE FURTHER NOTIFY YOU THAT:ARE ADVISED TO BACK UP AND STORE ANY DATA OR OTHER INFORMATION THAT YOU SUBMIT TO OR USE WITH THE SERVICES AND THE SITE AND, SPECIFICALLY, TO BACKUP AND STORE SUCH DATA AND INFORMATION PRIOR TO THE TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: d7umqicpi7263.cloudfront.net

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS PROVIDED “AS IS”, AND MEDIAQ DISCLAIMS ALL WARRANTIES, EXPRESS OR ELSEWERE IMPLIED WITH REGARD TO THE CONTRARY AND ALL SOFTWARE TO THE FULLEST EXTENT PERMITTED BE PROVIDED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINMEDIAQ UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS . 5 LIMITATION OF LIABILITY‌‌‌‌‌‌‌ MEDIAQ’S LIABILITY ASSUMES NO LIABILITY UNDER THIS AGREEMENT. IN NO EVENT WILL MEDIAQ BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY OR SERVICES OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER EXPRESSFOR BREACH OF CONTRACT, IMPLIED TORT (INCLUDING NEGLIGENCE) OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF MEDIAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE ACKNOWLEDGES THAT THE SERVICES ON ABSENCE OF LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, FAILURE OF ESSENTIAL PURPOSE OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LIMITED REMEDY.

Appears in 1 contract

Samples: Code Software License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST GREATEST EXTENT PERMITTED BY APPLICABLE LAW: , EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH HEREINOUT IN SECTION 9(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES ON THW APP /THE WEBSITE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "TO CUSTOMER “AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTHERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CITYVIEW, ITS LICENSORS AND WITHOUT SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESMERCHANTABLE QUALITY, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLEDURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED . CITYVIEW DOES NOT REPRESENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON OR THE APP/THE WEBSITE WILL BE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, TIMELY, SECURED, ERROR FREESHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT DATA WON’T BE LOST, THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND IN THE SERVICES PROVIDED THEREON ARE FREE OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM VIRUSES THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER HARMFUL CODECOMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. EXCEPT AS EXPRESSLY NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH HEREIN, WE DO NOT WARRANT, IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, SIGNED BY AN AUTHORIZED SIGNING OFFICER OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CITYVIEW.

Appears in 1 contract

Samples: Software Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE IS PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORSWHETHER EXPRESS OR IMPLIED, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERSBUT NOT LIMITED TO, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHETHER EXPRESSCLEVER, IMPLIED OR STATUTORY.WE ITS SUBSIDIARIES, ITS AFFILIATES, AND OUR VENDORS ITS LICENSORS DO NOT WARRANTWARRANT THAT THE CONTENT IS ACCURATE, AND EXPRESSLY DISCLAIM ANY WARRANTY RELIABLE OR REPRESENTATION CORRECT; THAT THE SERVICES ON WILL MEET YOUR REQUIREMENTS; THAT THE APP/THE WEBSITE SERVICES WILL BE UNINTERRUPTEDAVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, SECURED, ERROR FREE, UNINTERRUPTED OR SECURE; THAT DATA WON’T BE LOST, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, ; OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE IS FREE FROM OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WARRANTY PRODUCT OR REPRESENTATION (I) THAT OUR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIMEINCLUDING WITHOUT LIMITATION APPLICATIONS), AND WE WILL NOT BE A PARTY TO OR COMPLY WITH IN ANY LAWS APPLICABLE WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION DEVELOPERS). FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Clever Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE YOUR USE OF THE SERVICES ON THW APP /THE WEBSITE AND RELATED DOCUMENTATION ARE AT YOUR RISK AND IS PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE." BASIS, AND WITHOUT WARRANTIES OF WE DO NOT MAKE ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AND/OF MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECUREDSECURE, ERROR OR ERROR-FREE, . WE MAKE NO WARRANTY THAT DATA WON’T THE RESULTS THAT MAY BE LOST, OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT DEFECTS ANY ERRORS IN ANY SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, OR THAT CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTINTERNET, AND EXPRESSLY DISCLAIM TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, FOR PURPOSES OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/THIS SERVICE OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICE.

Appears in 1 contract

Samples: Service Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO YOU ACKNOWLEDGE THAT THE CONTRARY HYPERDESIGN SOFTWARE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE HYPERDESIGN MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES ANY WARRANTY OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE THIRD PARTY SERVICE PROVIDERSQUALITY, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES PERFORMANCE OR FUNCTIONALITY OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY KINDINFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OR THAT THE HYPERDESIGN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. ROCHE DOES NOT WARRANT THAT THE HYPERDESIGN SOFTWARE WILL BE PROVIDED FREE OF VIRUSES, INCLUDING OR OTHER HARMFUL COMPONENTS. ROCHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED CONFIDENTIALITY RISKS INHERENT IN INTERNET COMMUNICATIONS AND TECHNOLOGY AND ROCHE DOES NOT MAKE ANY ASSURANCES OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY WARRANTIES RELATING TO SUCH RISKS. NO ADVICE FROM ROCHE OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

Appears in 1 contract

Samples: nghc-aws-marketing.s3.eu-central-1.amazonaws.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ALL SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", " AND WITH ALL FAULTS” AND "AS AVAILABLE" BASIS”. NEITHER MAESTROQA NOR ANY MAESTROQA PARTY MAKES ANY OTHER WARRANTIES, AND WITHOUT EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NONINFRINGEMENT. XXXXXXXXX DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES ON THE APP/THE WEBSITE WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE FROM VIRUS OR OTHER MALICIOUS CODE OR ERROR- FREE, NOR DOES MAESTROQA WARRANT THAT IT WILL REVIEW THE SUBSCRIBER DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (FOR ACCURACY OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)PRESERVE OR MAINTAIN THE SUBSCRIBER DATA WITHOUT LOSS OR CORRUPTION. MAESTROQA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR COMPLY WITH ANY LAWS APPLICABLE OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAESTROQA. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING OTHER THAN EXPRESS WARRANTIES IN THESE TERMS THE AGREEMENT, XXXXXXXXX MAKES NO WARRANTY CONCERNING THE MAXIMIZER SYSTEM, MAXIMIZER TECHNOLOGY OR ELSEWERE SERVICES AND CUSTOMER ACKNOWLEDGES THAT XXXXXXXXX’S SOLE OBLIGATION WITH REGARD TO THE CONTRARY AND SERVICES IS TO PROVIDE THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SERVICES ON THW APP /THE WEBSITE SERVICES, THE MAXIMIZER SYSTEM, THE MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY XXXXXXXXX AND ITS SUPPLIERS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND ,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAXIMIZER AND OUR AFFILIATESITS SUPPLIERS MAKE NO OTHER WARRANTIES, SUBCONTRACTORSEXPRESS OR IMPLIED, AGENTS AND VENDORS (BY OPERATION OF LAW OR OTHERWISE, INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR REPRESENTATIONS CONDITIONS OF MERCHANTABILITYNONINFRINGEMENT, FUNCTIONALITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, WHETHER EXPRESS, IMPLIED COURSE OF DEALING OR STATUTORY.WE AND OUR VENDORS DO USAGE OF TRADE. XXXXXXXXX DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDCOMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE APP/SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN THE WEBSITEAND LOCATION OF THE SERVICES PROVIDED THEREON CUSTOMER. THOSE WHO ACCESS OR USE THE SOFTWARE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) RESPONSIBLE TO ENSURE THAT OUR SERVICES (OR ANY PORTION THEREOF) THEIR USE IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY IN COMPLIANCE WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LOCAL LAW.‌

Appears in 1 contract

Samples: Maximizer Services

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS Licensee acknowledges that: use of the Package OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS EXPRESSLY SET FORTH SPECIFICALLY PROVIDED HEREIN, THE PACKAGE AND ANY SUPPORT SERVICES ON THW APP /THE WEBSITE ARE BEING PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE DESKALERTS, ITS AFFILIATES AND OUR AFFILIATESITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, SUBCONTRACTORSAND EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, AGENTS AND VENDORS (EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESSINTERFERENCE WITH ENJOYMENT, IMPLIED ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTDISABLING DEVICES, UNINTERRUPTED USE, AND EXPRESSLY DISCLAIM ALL WARRANTIES IMPLIED FROM ANY WARRANTY COURSE OF DEALING OR REPRESENTATION USAGE OF TRADE. DESKALERTS DOES NOT WARRANT THAT (A) THE PACKAGE OR ANY SUPPORT SERVICES ON WILL MEET LICENSEE’S REQUIREMENTS, (B) OPERATION OF THE APP/THE WEBSITE PACKAGE OR ANY SUPPORT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR VIRUS- OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT OR (C) DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:11.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE EXCEPT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED REQUIRED BY APPLICABLE LAW, QUESTRADE: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDCONDITIONS, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTIES AS TO NON-INFRINGEMENT, WARRANTIES AND/MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO (B) DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE QUESTRADE API WILL BE UNINTERRUPTED, TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE, THAT DATA WON’T BE LOST, OR THAT DEFECTS WILL BE CORRECTED. Security Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE CONTROL, OPERATION AND SECURITY OF TRANSACTIONS AND COMMUNICATIONS MADE THROUGH ITS ACCESS TO OR USE OF THE QUESTRADE API. LICENSEE ACKNOWLEDGES THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED DEAL EXECUTION TRADING SYSTEM INCLUDING, BUT NOT LIMITED TO, THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINFAILURE OF HARDWARE, WE DO NOT WARRANTSOFTWARE, AND EXPRESSLY DISCLAIM INTERNET CONNECTIONS. LICENSEE ACKNOWLEDGES THAT QUESTRADE DOES NOT CONTROL SIGNAL POWER, ITS RECEPTION OR ROUTING VIA THE INTERNET, CONFIGURATION OF LICENSEE’S EQUIPMENT OR RELIABILITY OF ITS CONNECTION, AND QUESTRADE SHALL NOT BE RESPONSIBLE FOR ANY WARRANTY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH DELAYS LICENSEE MAY EXPERIENCE WHEN TRADING VIA THE APP AND/OR INTERNET USING THE WEBSITE. WE FURTHER NOTIFY YOU THAT:QUESTRADE API.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS BITGLASS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ELSEWERE OTHERWISE, WITH RESPECT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT SERVICES, SOFTWARE OR OTHER CONTENT, MATERIALS OR INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THIS AGREEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN, IN SECTION 6.1 AND THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISBITGLASS SLA, AND WITHOUT BITGLASS DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM INCLUDING ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR NONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, WHETHER EXPRESSDEALING, IMPLIED USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTRADE. WITHOUT LIMITING THE FOREGOING, AND BITGLASS PROVIDES NO WARRANTY THAT USE OF THE SERVICES OR THE SITE WILL BE SECURE OR FREE FROM BUGS, VIRUSES OR ERROR (OTHER THAN AS EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANTED IN SECTION 6.1 ABOVE), THAT THE SERVICES ON OR THE APP/THE WEBSITE SITE, OR ANY FEATURES OR FUNCTIONALITY THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED OR AVAILABLE WHEN NEEDED (OTHER THAN AS EXPRESSLY PROVIDED IN THE BITGLASS SLA) OR THAT THE APP/THE WEBSITEAND DATA, CONTENT, COMMUNICATIONS AND OTHER INFORMATION CUSTOMER PROVIDES IN CONNECTION WITH ITS USE OF THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES AND THE SITE WILL BE SECURE, BACKED-UP OR PRESERVED. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES THAT, FOLLOWING THE TERMINATION OF THIS AGREEMENT, BITGLASS WILL HAVE NO OBLIGATION TO RETAIN OR STORE ANY DATA, CONTENT, COMMUNICATIONS OR OTHER HARMFUL CODEINFORMATION THAT CUSTOMER SUBMITS TO OR THROUGH THE SERVICES OR THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREINCUSTOMER IS ADVISED TO BACK UP AND STORE ANY DATA, WE DO NOT WARRANTCONTENT, AND EXPRESSLY DISCLAIM ANY WARRANTY COMMUNICATIONS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR OTHER INFORMATION THAT IT WILL REMAIN AS SUBMITS TO OR USES WITH THE SERVICES AND THE SITE AND, SPECIFICALLY, TO BACKUP AND STORE SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE DATA AND INFORMATION PRIOR TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: 4361 Bitglass Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY SERVICE, CLIENT SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE THIRD-PARTY SOFTWARE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE AND OUR AFFILIATESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBCONTRACTORSINTERMEDIA DISCLAIMS ALL WARRANTIES, AGENTS AND VENDORS (INCLUDINGEXPRESS, THE THIRD PARTY SERVICE PROVIDERSIMPLIED, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONMERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE CLIENT SOFTWARE, THIRD-INFRINGEMENTPARTY SOFTWARE, WHETHER EXPRESSOR THE SERVICE, IMPLIED OR STATUTORY.WE EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO ACCESS AND OUR VENDORS USE THE SERVICE IN THE SIX (6) MONTHS PRIOR TO ANY EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT WARRANTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT SO THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO ABOVE LIMITATIONS MAY NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE APPLY TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: www.intermedia.net

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE PROVIDED HEREUNDER ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” " AND "AS AVAILABLE" BASISAND EXCEPT TO THE EXTENT THAT WARRANTIES ARE EXPRESSLY GRANTED WITHIN THIS AGREEMENT, AND WITHOUT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ANY KIND. WE MERCHANTABILITY AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY SIMILAR WARRANTY WHETHER EXPRESS, IMPLIED SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR STATUTORY.WE AND ANY STATE THEREOF ARE GRANTED TO OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM CUSTOMERS OR ANY WARRANTY THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR REPRESENTATION WARRANTIES THAT THE SERVICES ON ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. WE MAKE NO WARRANTY THAT THE APP/SERVICES WILL MEET OUR CUSTOMER'S REQUIREMENTS, OR THAT THE WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREDSECURE, ERROR FREE, FREE OR THAT DATA WON’T BE LOST, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR . IT IS FURTHER AGREED AND UNDERSTOOD THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY WARRANT THE ACCURACY OR REPRESENTATION (I) THAT OUR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, DATA OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE INFORMATION DOWNLOADED OR TOOLS (OTHERWISE OBTAINED OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN ACQUIRED THROUGH THE APP AND/USE OF THE SERVICES AND IT IS HEREBY ACKNOWLEDGED BY OUR CUSTOMERS THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE WEBSITE. WE FURTHER NOTIFY YOU THAT:USE OF THE SERVICES ARE TO BE USED AT HIS / HER SOLE RISK AND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND THE RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE BORNE SOLELY BY THE CUSTOMER.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE SUBJECT TO THE CONTRARY REFUND POLICY (APPLICABLE ONLY TO YOUR PURCHASED MODLETS, IF ANY), YOU UNDERSTAND AND TO AGREE THAT THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSOFTWARE, THE SERVICES ON THW APP /THE WEBSITE SERVICES, AND/OR MODLET ARE PROVIDED ON AN "AS IS," ", AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING, THINKECO MAKES NO WARRANTY: (A) THAT THE SOFTWARE, SERVICES, AND/OR MODLET WILL MEET YOUR REQUIREMENTS; (B) THAT THE USE OF THE SOFTWARE, SERVICES, AND/OR MODLET WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY AND/OR THROUGH THE SOFTWARE, SERVICES, AND/OR MODLET (INCLUDING THIRD PARTY CONTENT); (D) THAT ANY DEFECTS IN THE SERVICES, SOFTWARE AND/OR MODLET WILL BE CORRECTED; (E) THAT THE SOFTWARE, SERVICES, AND/OR MODLET WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE; (F) THAT THE SOFTWARE, SERVICES, MODLET, AND/OR THE ASSOCIATED THINKECO SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (G) THAT YOU WILL REALIZE ANY ACTUAL SAVINGS ON YOUR ENERGY XXXX(S) AS A RESULT OF YOUR USE OF THE SOFTWARE, SERVICES, AND/OR MODLET. YOU (AND "AS AVAILABLE" BASISNOT THINKECO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR AND/OR CORRECTIONS ASSOCIATED WITH THE SOFTWARE, SERVICES, AND/OR MODLET. THINKECO AND WITHOUT ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTSTATUTORY, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT REGARDING THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDSOFTWARE, TIMELYSERVICES, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING MODLET, INCLUDING ANY CONTENTIMPLIED WARRANTY OF TITLE, INFORMATIONMERCHANTABILITY, REPORTS FITNESS FOR A PARTICULAR PURPOSE, OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO REPRESENTATIONS OR ELSEWERE WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE CONTRARY SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINYOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE SERVICES ON THW APP /THE WEBSITE ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WARRANTY OF ANY KIND, INCLUDING INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND/OR REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENTINFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE USE, WHETHER EXPRESSOR THE RESULTS OF THE USE, IMPLIED OF THE ACD ONLINE SERVICE OR STATUTORY.WE AND OUR VENDORS DO DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. AIA ALSO DOES NOT WARRANTWARRANT THAT THE ACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY CERTIFICATION OR LEGAL STANDARD OR OPERATE ERROR- FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT PERFORMANCE OF THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) ACD ONLINE SERVICE IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS EVERYWHERE PROVIDES THE SOFTWARE AND SERVICES ON AN “AS IS” BASIS AND THE PARTIES EXPRESSLY DISCLAIM, ALL WARRANTIES, EXPRESS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTANY IMPLIED WARRANTIES ARISING FROM STATUTE, WHETHER EXPRESSCOURSE OF DEALING, IMPLIED COURSE OF PERFORMANCE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM USAGE OF TRADE. EVERYWHERE SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SOFTWARE AND SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION EVERYWHERE SPECIFICALLY DISCLAIMS: (I) THAT OUR THE SUITABILITY OF THE SOFTWARE AND SERVICES (FOR USE IN MISSION-CRITICAL APPLICATIONS OR ANY PORTION THEREOF) IS COMPLETEIN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, ACCURATEINCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, AIRCRAFT NAVIGATION OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING COMMUNICATION SYSTEMS, BROWSERSAIR TRAFFIC CONTROL, SOFTWARE AND LIFE SUPPORT OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOUWEAPONS SYSTEMS; AND/OR AND (II) REGARDING ANY CONTENT, INFORMATION, REPORTS ILLEGAL ACTIVITY BY THE CUSTOMER OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:AN END USER.

Appears in 1 contract

Samples: Everywhere Online Evaluation Terms

Warranty Disclaimer. NOTWITHSTANDING ANYTHING TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN THESE TERMS OR ELSEWERE A WORKMANLIKE MANNER AND WITH PROFESSIONAL DILIGENCE AND SKILL, IN ACCORDANCE WITH THIS ADDENDUM AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE CONTRARY TERMS OF THE SOW; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT AS EXPRESSLY SET FORTH HEREINFOR THE EXPRESS WARRANTIES IN THIS SECTION 9, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS ADDENDUM, AND WITHOUT TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESSAND ALL WARRANTIES ARISING FROM COURSE OF DEALING, IMPLIED USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:TRADE PRACTICE.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOOVWEB SERVICE, SUPPORT SERVICES ON THW APP /THE WEBSITE AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS"”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISNEITHER PARTY NOR THEIR SUPPLIERS MAKES ANY OTHER WARRANTIES, AND WITHOUT EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. MOOVWEB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE OR SECURITY FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND NON-INFRINGEMENTELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MOOVWEB, WHETHER EXPRESSINCLUDING BUT NOT LIMITED TO THE UPTIME OR AVAILABILITY OF THE CUSTOMER WEBSITE. FURTHERMORE, IMPLIED MOOVWEB MAKES NO REPRESENTATIONS OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTWARRANTIES AS TO THE SUITABILITY OF ANY ANALYTICS OR OTHER RESULTS OF ANALYTICS SERVICES FOR ANY USE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDINCLUDING WITHOUT LIMITATION TO MAKE BUSINESS, TIMELYECONOMIC, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDDESIGN, OR THAT PROMOTIONAL DECISIONS. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE THE APP/SUITABILITY OF THE WEBSITEAND THE ANALYTICS SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:FOR ALL USES.

Appears in 1 contract

Samples: Platform Subscription Terms of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING Except as set expressly provided in Solodev’s Agreement, or otherwise as a result of Solodev’s grossly negligent acts or omissions or willful misconduct, Solodev is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ELSEWERE OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE SERVICES, THE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND OTHER SERVICES ON THW APP /THE WEBSITE MADE AVAILABLE BY SOLODEV OR ANY THIRD-PARTY VENDORS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND " OR "AS AVAILABLE" BASISBASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND WITHOUT SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED "AS IS," EXCLUSIVE OF ANY KINDWARRANTY WHATSOEVER. WE EACH PARTY DISCLAIMS ALL LIABILITY AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:Defects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Appears in 1 contract

Samples: Master Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR ELSEWERE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE CONTRARY AND SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"IPARADIGMS, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR ITS AFFILIATES, SUBCONTRACTORS, AGENTS VENDORS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY KINDREPRESENTATION OR DESCRIPTION, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITYQUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT PURPOSE. THE SERVICES ON ARE ACCESSED AND USED OVER THE APP/INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, INTERNET AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT: (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETEVIRUSES, ACCURATEWORMS, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FORTROJAN HORSES, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OTHER UNDESIRABLE DATA OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOUSOFTWARE; AND/OR (II) REGARDING ANY CONTENTUNAUTHORIZED USERS (e.g., INFORMATIONHACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, REPORTS COMPUTERS, OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITENETWORKS. WE FURTHER NOTIFY YOU THAT:IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms.iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Appears in 1 contract

Samples: services.anu.edu.au

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREININ SECTION 14.1 (GENERAL WARRANTIES) AND 14.2 (VIRUS WARRANTY), THE ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS, ATLASSIAN AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY WARRANTY OF MERCHANTABILITY, FUNCTIONALITYNON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY.WE STATUTORY. ATLASSIAN WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND OUR VENDORS DO NOT WARRANTELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXPRESSLY DISCLAIM NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION THAT GUARANTEE AS TO THE SERVICES ON RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE APP/THE WEBSITE USE OF ANY SOFTWARE WILL BE UNINTERRUPTEDSECURE, TIMELY, SECUREDUNINTERRUPTED OR ERROR- FREE; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ERROR FREESOFTWARE, THAT DATA WON’T BE LOSTSYSTEM, THAT OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED, ; OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. (E) EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION IN SECTION 14.2 (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIMEVIRUS WARRANTY), THE SOFTWARE IS FREE OF VIRUSES OR COMPLY WITH ANY LAWS APPLICABLE OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Licence Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE 6.1. COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPLATFORM, OR THAT THE APP/CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY OFFER ANY WARRANTY AS TO THE WEBSITEAND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES PLATFORM, CONTENT, OR OTHER HARMFUL CODESERVICES. COMPANY AND ITS SUPPLIERS AND LICENSORS CANNOT BE HELD RESPONSIBLE FOR ANY ACTIONS TAKEN BY THE CUSTOMER. EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS SECTION, WE DO THE PLATFORM, CONTENT, OR SERVICES ARE PROVIDED “AS IS” AND COMPANY AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT WARRANTLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS (WHETHER LATENT OR PATENT), AND EXPRESSLY DISCLAIM ANY WARRANTY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE , OR REPRESENTATION (I) THAT OUR SERVICES (TRADE PRACTICE. THE EXPRESS WARRANTIES MADE IN THIS SECTION ARE FOR THE BENEFIT OF THE CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY END USER OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OTHER THIRD PARTY. NO WARRANTIES OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, KIND WHATSOEVER ARE MADE FOR CUSTOMER’S BENEFIT FOR ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:PILOT USE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ALL SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", " AND WITH ALL FAULTS” AND "AS AVAILABLE" BASIS”. NEITHER MAESTROQA NOR ANY MAESTROQA PARTY MAKES ANY OTHER WARRANTIES, AND WITHOUT EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NONINFRINGEMENT. XXXXXXXXX DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES ON THE APP/THE WEBSITE WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE FROM VIRUS OR OTHER MALICIOUS CODE OR ERROR-FREE, NOR DOES MAESTROQA WARRANT THAT IT WILL REVIEW THE SUBSCRIBER DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (FOR ACCURACY OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)PRESERVE OR MAINTAIN THE SUBSCRIBER DATA WITHOUT LOSS OR CORRUPTION. MAESTROQA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR COMPLY WITH ANY LAWS APPLICABLE OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAESTROQA. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE SERVICE IS PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORSWHETHER EXPRESS OR IMPLIED, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERSBUT NOT LIMITED TO, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORTIS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FORTIS, ITS CANADIAN BANKING PARTNER, ITS BANKS, ITS PROVIDERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT OF THE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORTIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORTIS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ALL THIRD-PARTY HARDWARE AND OTHER PRODUCTS INCLUDED OR SOLD WITH THE SERVICE ARE PROVIDED SOLELY ACCORDING TO THE WARRANTY AND OTHER TERMS SPECIFIED BY THE MANUFACTURER, WHO IS SOLELY RESPONSIBLE FOR SERVICE AND SUPPORT FOR ITS PRODUCT. FOR SERVICE, SUPPORT, OR WARRANTY ASSISTANCE, YOU SHOULD CONTACT THE MANUFACTURER OR DISTRIBUTOR DIRECTLY. FORTIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD- PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Samples: Electronic Funds Transfer Services Terms

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO 7.1 THE CONTRARY WEFFLEET SOLUTIONS SOFTWARE, APP, CONTENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, MATERIALS AND PRODUCTS ON THE SERVICES ON THW APP /THE WEBSITE WEBFLEET SOLUTIONS SOFTWARE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, IS AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESTO THE FULLEST EXTENT PERMITTED BY LAW, SUBCONTRACTORSWEBFLEET SOLUTIONS DISCLAIMS ALL WARRANTIES, AGENTS AND VENDORS (EXPRESS OR IMPLIED, INCLUDING, THE THIRD PARTY SERVICE PROVIDERSBUT NOT LIMITED TO, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KINDTITLE, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE . WE CANNOT GUARANTEE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM PROMISE ANY WARRANTY SPECIFIC RESULTS FROM USE OF THE WEBFLEET SOLUTIONS SOFTWARE. WEBFLEET SOLUTIONS DOES NOT REPRESENT OR REPRESENTATION WARRANT THAT THE SERVICES ON APP OR THE APP/THE WEBSITE WEBFLEET SOLUTIONS SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP/WEBFLEET SOLUTIONS SOFTWARE OR THE WEBSITEAND SERVER THAT MAKES THE SERVICES PROVIDED THEREON WEBFLEET SOLUTIONS SOFTWARE AVAILABLE ARE FREE FROM OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBFLEET SOLUTIONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEBFLEET SOLUTIONS SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER HARMFUL CODEDEVICE IN WHICH YOU ACCESS THE WEBFLEET SOLUTIONS SOFTWARE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE WEBFLEET SOLUTIONS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE WEBFLEET SOLUTIONS SOFTWARE AT ANY TIME WITHOUT NOTICE. SOME STATES DO NOT WARRANTPERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; AND/OR . This exclusion does not apply to (IIi) REGARDING ANY CONTENTany implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Software, INFORMATIONall such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:so the above may not apply to you.

Appears in 1 contract

Samples: media.webfleet.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMODO'S HACKERPROOF SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN TO YOU "AS IS"." TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMODO, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AT LAW, IN EQUITY, OR STATUTORY, WITH ALL FAULTS” AND "AS AVAILABLE" BASISRESPECT TO THE SERVICES OR ITS CHARACTERISTICS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESQUALITY, SUBCONTRACTORSPERFORMANCE OR VALUE, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT, WHETHER EXPRESS, IMPLIED . COMODO MAKES NO REPRESENTATION OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, FORMS AND SERVICES CONTAINED ON THE APP/THE OR ACCESSED VIA THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION HACKERPROOF SERVICES WILL (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETEMEET YOUR REQUIREMENTS, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS, OR (III) FIND, LOCATE, DISCOVER AND REPORT ALL POSSIBLE COMPUTER INSECURITIES AND VULNERABILITIES. IN PARTICULAR, COMODO DOES NOT WARRANT THAT THE HACKERPROOF SERVICES WILL CORRECT, FIX, REMEDY OR PREVENT ANY CONTENTDISCOVERED OR REPORTED INSECURITIES OR VULNERABILITIES, INFORMATION, REPORTS NOR DOES IT WARRANT THAT ANY FIXES OR RESULTS THAT YOU OBTAIN THROUGH REMEDIES RECOMMENDED BY THE APP AND/OR SERVICES WILL DO THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SAME.

Appears in 1 contract

Samples: Hackerproof Subscriber Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN THESE TERMS CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SMART CITY MAKES NO WARRANTIES, EXPRESS OR ELSEWERE IMPLIED, INCLUDING BUT NOT LIMITED TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT IMPLIED WARRANTIES OF ANY KIND. WE MERCHANTABILITY AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTANY SIMILAR WARRANTY, WHETHER EXPRESS, IMPLIED SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR STATUTORY.WE ANY STATE THEREOF OR ANY COUNTRY. SMART CITY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND OUR VENDORS TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT WARRANTPERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, AND EXPRESSLY SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT SMART CITY CANNOT DISCLAIM ANY SUCH WARRANTY OR REPRESENTATION THAT AS A MATTER OF APPLICABLE LAW, THE SERVICES ON THE APP/THE WEBSITE SCOPE AND DURATION OF SUCH WARRANTY WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS MINIMUM PERMITTED UNDER SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LAW.

Appears in 1 contract

Samples: Hosted Voice Services

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY PROGRAM, CONTENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE COMPANY PROPERTIES ARE PROVIDED ON AN "AS “AS-IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WARRANTY OF ANY KIND, INCLUDING EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF TITLE, MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, WHETHER EXPRESSACCURACY, IMPLIED COMPLETENESS, COMPLETENESS, RELIABILITY OR STATUTORY.WE AND OUR VENDORS DO VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON FUNCTIONALITY OF THE APP/THE WEBSITE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE THEY WILL BE FREE FROM OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREINFURTHER, WE DO COMPANY DOES NOT WARRANT, AND EXPRESSLY DISCLAIM GUARANTEE OR MAKE ANY WARRANTY REPRESENTATIONS REGARDING THE QUALITY OR REPRESENTATION (I) THAT OUR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES (OFFERED OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, PROVIDED BY ITS AFFILIATE STORES OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY SELLERS IN CONJUNCTION WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:PROGRAMS.

Appears in 1 contract

Samples: envision.ops1.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN THESE TERMS OR ELSEWERE THIS AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISHEREUNDER, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSTATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, LIMITATION WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS” AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM EXCLUSIVE OF ANY WARRANTY OR REPRESENTATION WHATSOEVER. SUPPLIER DOES NOT WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR ARE ERROR- FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (CONTINUOUS OR THAT IT WILL REMAIN IS COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SUCH AT SPECIFIED IN THE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY TIME)LOSS, OR COMPLY WITH DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS INSTRUCTIONS OR RESULTS THAT YOU OBTAIN THROUGH SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE APP AND/SERVICES, OR ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICES AND ANY OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY AUTHORIZED USER’S NETWORK CONNECTIONS, OR TELECOMMUNICATIONS LINKS, OR ANY INTERNET ISSUES.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY OUR EQUIPMENT, FACILITIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” " AND "AS AVAILABLE" BASIS, AND BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, ADVICE, OR INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. COMPANY ACKNOWLEDGES THAT COMPANY HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY COMMZOOM, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 17. CUSTOMER INDEMNIFICATION. COMPANY AGREES THAT COMPANY SHALL BE RESPONSIBLE FOR AND OUR AFFILIATESSHALL DEFEND, SUBCONTRACTORSINDEMNIFY, AGENTS AND VENDORS (INCLUDING, THE THIRD HOLD HARMLESS COMMZOOM AND ITS THIRD-PARTY SERVICE PROVIDERS, HEREBY DISCLAIM AGENTS AND SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE “COMMZOOM GROUP”) AND SHALL REIMBURSE THE COMMZOOM GROUP FOR ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDDAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, WARRANTIES AND/REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF: (i) COMPANY’S USE OF THE SERVICE OR REPRESENTATIONS EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF MERCHANTABILITYCONTRACTUAL RIGHTS, FUNCTIONALITYPRIVACY, TITLECONFIDENTIALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTCOPYRIGHT, WHETHER EXPRESSPATENT, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTRADEMARK, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDTRADE SECRET, OR THAT OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM COMPANY’S USE OF THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (SERVICE OR ANY PORTION THEREOFUNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) IS COMPLETE, ACCURATE, COMPANY’S BREACH OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY PROVISION OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:THIS AGREEMENT.

Appears in 1 contract

Samples: Commercial Internet Service Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS OR ELSEWERE THIS AGREEMENT, TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM i) CHRONICLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTINFRINGEMENT AND ANY WARRANTIES THAT COULD ARISE OUT OF COURSE OF DEALING OR USAGE OF TRADE; (ii) CHRONICLE IS NOT RESPONSIBLE FOR CUSTOMER’S LACK OF COMPLIANCE WITH ANY PARTICULAR SECURITY STANDARDS AND SPECIFICATIONS APPLICABLE TO ANY NETWORK TELEMETRY THAT CUSTOMER MAY ELECT TO PROCESS THROUGH THE SERVICES; (iii) CHRONICLE SHALL NOT BE RESPONSIBLE, WHETHER EXPRESSIN ANY MANNER WHATSOEVER, IMPLIED FOR ANY THIRD-PARTY HARDWARE, THIRD-PARTY OFFERINGS, ELECTIVE OFFERINGS OR STATUTORY.WE OTHER TOOLS PROVIDED TO OR USED BY CUSTOMER IN CONNECTION WITH THE SERVICES, NOR FOR THE ACCURACY, RELIABILITY, CONSISTENCY OR AVAILABILITY OF THE ANALYTICS, INFORMATION OR DATA PROVIDED IN CONJUNCTION WITH, OR TO SUPPLEMENT, CUSTOMER’S REVIEW OF THE CST THROUGH THE SERVICES, REGARDLESS OF THE SOURCE; AND OUR VENDORS DO (iv) CHRONICLE DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT ACCESS TO THE SERVICES ON OR ACCESS TO CST BEING ANALYZED THROUGH THE APP/THE WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR UNINTERRUPTED OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Chronicle Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, 2.1 BANK WARRANTS THAT THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE AND HARDWARE SERVICES INDUSTRY, AS IS"APPLICABLE, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT BUT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESNATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDINGINCLUDING BUT NOT LIMITED TO THE PRODUCT SUPPORT SERVICES, THE THIRD PARTY EQUIPMENT AND THE SERVICE PROVIDERSPLAN TO THE EXTENT COVERED HEREBY. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, HEREBY DISCLAIM AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDDOCUMENTS, INCLUDING SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, EQUIPMENT OR OTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON- INFRINGEMENT; AND NON-INFRINGEMENT(D) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, WHETHER EXPRESSACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICES ON THE APP/THE WEBSITE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR ERROR-FREE, THAT DATA WON’T ITS OPERATION WILL BE LOST, UNINTERRUPTED OR THAT DEFECTS ALL DEFICIENCIES OR ERRORS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Management Master Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS LICENSOR MAKES NO REPRESENTATION, GUARANTEE OR ELSEWERE WARRANTY, ------------------- EXPRESS OR IMPLIED, AS TO THE CONTRARY AND RESULTS TO BE EXPECTED FROM USE OF ANY OF THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, INVENTIONS CONTAINED IN THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTECHNOLOGY OR FROM MANUFACTURE OR SALE OF ANY PRODUCT, AND WITHOUT LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESGUARANTEES, SUBCONTRACTORSEXPRESS OR IMPLIED, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE, WHETHER EXPRESSITS SUBLICENSEE OR TO OTHERS FOR THE ABILITY OF LICENSEE OR ITS SUBLICENSEE TO USE THE TECHNOLOGY; FOR THE QUALITY, IMPLIED QUANTITY OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, PERFORMANCE OF ANY CERTAIN QUALITYPRODUCTS MANUFACTURED UNDER THE TECHNOLOGY; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, RELIABLEDESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ITS SUBLICENSEE FOR ANY DAMAGES, SUITABLE FORINCLUDING ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR COMPATIBLE WITHCONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER THIS AGREEMENT OR OTHERWISE. [ * ] = Certain confidential information contained in this document, ANY OF YOUR CONTEMPLATED ACTIVITIESmarked by brackets, DEVICEShas been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, OPERATING SYSTEMSas amended. . Dispute Resolution ----------------- Should any dispute between Licensor and Licensee arise under this agreement, BROWSERSLicensor and Licensee, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)through appropriately senior executives, OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENTshall first meet and attempt to resolve the dispute in face-to-face negotiations. This meeting shall occur within [ * ] of the time the dispute arises. If no resolution is reached, INFORMATIONLicensor and Licensee shall, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITEwithin [ * ] of the first meeting, attempt to settle the dispute by formal mediation. WE FURTHER NOTIFY YOU THAT:If the parties cannot agree upon a mediator and the place of mediation, the mediation shall be administered by the American Arbitration Association in Research Triangle Park, North Carolina. If no resolution is reached through formal mediation, the dispute shall be resolved by binding arbitration before a three-arbitrator panel, administered by the American Arbitration Association, with limited discovery. Each party shall select one of the arbitrators and those arbitrators shall select the third. The venue shall be either Research Triangle Park, North Carolina if the notice of intent to arbitrate the dispute is first given by Licensee or Seattle, Washington if the notice of intent to arbitrate is first given by Licensor and the governing law shall be that of the State of North Carolina in either instance, without giving effect to conflict of law considerations. In no event shall punitive or exemplary damages o attorney's fees be awardable and each party shall be responsible for it's own attorney's fees. Notwithstanding the foregoing dispute resolution and governing law provisions, Licensor and Licensee shall each retain the right to seek judicial injunctive and other equitable relief where appropriate.

Appears in 1 contract

Samples: Bioprocessing Services Agreement (Dendreon Corp)

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, iMAPDATA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES ON THW APP /THE WEBSITE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE iMAPDATA SYSTEM FOR ANY PURPOSE. THE iMAPDATA SYSTEM AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WARRANTY OF ANY KIND, INCLUDING INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND/OR REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENTINFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE USE, WHETHER EXPRESSOR THE RESULTS OF THE USE, IMPLIED OF THE iMAPDATA SYSTEM OR STATUTORY.WE AND OUR VENDORS DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. iMAPDATA DO NOT WARRANTWARRANT THAT THE iMAPDATA SYSTEM WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. IN ACCORDANCE WITH THE FOREGOING, THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT PERFORMANCE OF THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) iMAPDATA SYSTEM IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Application Service Provider Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE THE PARTIES ACKNOWLEDGE THAT THE API, Content and any services are provided “AS IS.” COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINAPI OR ANY SERVICES, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"EXPRESS OR IMPLIED, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY SERVICE PROVIDERSRIGHTS, HEREBY DISCLAIM ANY MERCHANTABILITY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONOR THAT SUCH API OR SERVICES WILL BE ERROR-INFRINGEMENTFREE. 13. LIMITATION OF LIABILITY. COMPANY ITS OWNERS, WHETHER EXPRESSDIRECTORS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTASSIGNS, AND EXPRESSLY DISCLAIM AFFILIATES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY WARRANTY SUBJECT MATTER OF THIS AGREEMENT OR REPRESENTATION THAT THE TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDOR TECHNOLOGY, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES (B) FOR ANY INDIRECT, INCIDENTAL OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINCONSEQUENTIAL DAMAGES INCLUDING, WE DO BUT NOT WARRANT, LIMITED TO LOSS OF REVENUES AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, LOSS OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/PROFITS OR (IIC) REGARDING FOR ANY CONTENTAMOUNT IN THE AGGREGATE OF THE AMOUNT PAID OR PAYABLE BY LICENSEE UNDER SECTION 7 (PROVIDED THAT, INFORMATIONIF NO AMOUNTS HAVE BEEN PAID, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITESUCH CAP SHALL BE FIVE HUNDRED DOLLARS (US$500.00)). WE FURTHER NOTIFY YOU THAT:COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

Appears in 1 contract

Samples: License Agreement

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Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR ELSEWERE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE CONTRARY AND SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"IPARADIGMS, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR ITS AFFILIATES, SUBCONTRACTORS, AGENTS VENDORS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY KINDREPRESENTATION OR DESCRIPTION, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITYQUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT PURPOSE. THE SERVICES ON ARE ACCESSED AND USED OVER THE APP/INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, INTERNET AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT: (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETEVIRUSES, ACCURATEWORMS, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FORTROJAN HORSES, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OTHER UNDESIRABLE DATA OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOUSOFTWARE; AND/OR (II) REGARDING ANY CONTENTUNAUTHORIZED USERS (e.g., INFORMATIONHACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, REPORTS COMPUTERS, OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITENETWORKS. WE FURTHER NOTIFY YOU THAT:IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms. iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Appears in 1 contract

Samples: blogs.ksbe.edu

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSPECIAL AGREEMENT, REGULATING USE OF A PARTICULAR GAME SERVICE, THE GAME SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN WILL FUNCTION BY THE PRINCIPLE "AS IS", “WITH ALL FAULTS” WHICH MEANS WITHOUT QUALITY WARRANTIES AND "AS AVAILABLE" BASISSUITABILITY FOR ANY OBVIOUS OR IMPLIED PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AND WITHOUT Ecoplay HEREBY WAIVES ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESTHAT THE GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL WILL CORRESPOND TO INDIVIDUAL REPRESENTATIONS AND WARRANTIES EXPECTATIONS OF USERS. THUS, Ecoplay WILL TAKE ALL WELL GROUNDED COMMERCIALLY REASONABLE MEASURES FOR ENSURING OPERABILITY OF THE Ecoplay GAME SERVICES. Ecoplay SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE Ecoplay GAME SERVICES) AT ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES TIME TO SUSPEND OR STOP FUNCTIONING AND/OR REPRESENTATIONS ACCESS TO THE Ecoplay GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Ecoplay DISCLAIMS ANY OBVIOUS OR IMPLIED WARRANTIES OF MERCHANTABILITYACCURACY, FUNCTIONALITYRELEVANCE, TITLEHARMLESSNESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTABSENCE OF VIRUSES, WHETHER EXPRESSFAULTLESSNESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; LEGALITY AND/OR (II) REGARDING ANY CONTENT, RELIABILITY OF INFORMATION, REPORTS DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY Ecoplay, OTHER USERS OF Ecoplay. Ecoplay DOES NOT WARRANT THAT CHARACTERISTICS OF YOUR PERSONAL COMPUTER, MOBILE DEVICE OR RESULTS THAT YOU OBTAIN THROUGH OTHER DEVICE ARE SUFFICIENT TO USE Ecoplay GAME SERVICES. PLEASE LEARN IN ADVANCE THE APP AND/SYSTEM REQUIREMENTS SHOWN IN PARTICULAR GAME SERVICES TO YOUR COMPUTER DEVICE OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:MOBILE DEVICE.

Appears in 1 contract

Samples: Ecoplay Games

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST GREATEST EXTENT PERMITTED BY APPLICABLE LAW: , EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH HEREINOUT IN SECTION 13(A), THE SERVICES, THE BETA TERMINAL SOFTWARE, THE PROFESSIONAL SERVICES ON THW APP /THE WEBSITE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "TO CUSTOMER “AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. LICENSOR, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESMERCHANTABLE QUALITY, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLEDURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED . LICENSOR DOES NOT REPRESENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON OR THE APP/THE WEBSITE WILL BE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, TIMELY, SECURED, ERROR FREESHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA WON’T MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE LOSTBINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF LICENSOR. CUSTOMER CONFIRMS THAT IT HAS THE SOLE RESPONSIBILITY FOR ALL USE OF THE SERVICES AND BETA TERMINAL SOFTWARE, FOR ANY PRODUCTS OR SERVICES THAT DEFECTS WILL USE THE BETA TERMINAL SOFTWARE AND SERVICES, AND ANY USE OF SUCH PRODUCTS OR SERVICES BY OTHERS, INCLUDING BUT NOT LIMITED TO THE RESPONSIBILITY TO ASSESS WHETHER THE SERVICES AND BETA TERMINAL SOFTWARE AND USE THEREOF IS APPROPRIATE FOR CUSTSOMER’S INTENDED PURPOSES, AND CONSIDERING THE RISKS ASSOCIATED WITH THE SERVICES AND BETA TERMINAL SOFTWARE AND USE THEREOF. Customer agrees to indemnify, hold harmless, and, upon Licensor’s request, defend Licensor and its affiliates and their respective contractors, licensors and agents and all such person’s officers, directors and employees, from and against all third party claims, actions and demands, and all resulting liabilities, damages and losses of any type, expenses (including reasonable legal fees), settlements, or judgments suffered or incurred by such parties to the extent that they result from or arise out of: (i) access, installation or use of the Beta Software by the Customer, the Users; (ii) the failure of Customer to comply with any applicable laws, including applicable export laws; (iii) breach of any of the terms and conditions of this Beta Agreement, and (iv) any representations by Customer or the Users regarding the Services and Beta Terminal Software, or the use of performance thereof, howsoever made, without the prior written consent of Licensor. THE WARRANTY DISCLAIMERS ABOVE REPRESENT THE INHERENT RISKS ASSOCIATED WITH BETA PLATFORMS AND THE FACT THAT THE SERVICES AND BETA TERMINAL SOFTWARE ARE BEING PROVIDED AT NO COST TO THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET OUT IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF BARGAIN BETWEEN THE PARTIES AND LICENSOR WOULD NOT BE CORRECTEDABLE TO PROVIDE THE BETA SOFTWARE, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS DOCUMENTATION WITHOUT SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LIMITATIONS.

Appears in 1 contract

Samples: A Service Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS COALFIRE DOES NOT WARRANT THAT THE SERVICES PERFORMED UNDER THIS AGREEMENT OR ELSEWERE ANY SERVICE ORDER WILL: A) BE UNINTERRUPTED OR ERROR-FREE OR THAT COALFIRE WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZEIND THIRD-PARTY ACCESS; (B) DETECT OR IDENTIFY ALL SECURITY OR NETWORK THREATS TO, OR VULNERABILITIES OF CLIENT’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS; (C) PREVENT INTRUSIONS INTO OR ANY DAMAGE TO CLIENT’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS INCLUDING LOSS OF DATA; (D) RETURN CONTROL OF CLIENT OR THIRD PARTY SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED; OR (E) MEET OR HELP CLIENT MEET ANY INDUSTRY STANDARD OR ANY OTHER REQUIREMENTS INCLUDING THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY PAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE SET FORTH HEREININ A SERVICE ORDER. THE WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL COALFIRE PRODUCTS AND SERVICESS IN EACH APPLICABLE SERVICE ORDER ARE THE EXCLUSIVE WARRANTIES FROM COALFIRE AND REPLACE ALL OTHER WARRANTIES, INCLUDING THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISMERCHANTABILITY, NON- INFRINGEMENT, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. COALFIRE’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDMODIFICATION, OR THAT THE APP/THE WEBSITEAND THE SERVICES DAMAGE NOT CAUSED BY COALFIRE OR ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FORBY COALFIRE, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:OTHERWISE STATED IN COALFIRE’S PUBLISHED POLICY.

Appears in 1 contract

Samples: Service Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ALL SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", " AND WITH ALL FAULTS” AND "AS AVAILABLE" BASIS”. NEITHER ADTRIB NOR ANY ADTRIB PARTY MAKES ANY OTHER WARRANTIES, AND WITHOUT EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NONINFRINGEMENT. ADTRIB DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES ON THE APP/THE WEBSITE WILL BE SECURE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE FROM VIRUS OR OTHER MALICIOUS CODE OR ERROR-FREE, NOR DOES ADTRIB WARRANT THAT IT WILL REVIEW THE SUBSCRIBER DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (FOR ACCURACY OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)PRESERVE OR MAINTAIN THE SUBSCRIBER DATA WITHOUT LOSS OR CORRUPTION. ADTRIB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR COMPLY WITH ANY LAWS APPLICABLE OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ADTRIB. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Online Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN THESE TERMS OR ELSEWERE A WORKMANLIKE MANNER AND WITH PROFESSIONAL DILIGENCE AND SKILL, IN ACCORDANCE WITH THIS ADDENDUM AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE CONTRARY DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT AS EXPRESSLY SET FORTH HEREINFOR THE EXPRESS WARRANTIES IN THIS SECTION 9, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS ADDENDUM, AND WITHOUT TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESSAND ALL WARRANTIES ARISING FROM COURSE OF DEALING, IMPLIED USAGE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:TRADE PRACTICE.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS AGREEMENT, THE PRODUCT AND ANY EXTRAHOP SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND NO OTHER WARRANTIES OF ANY KIND, AND EXTRAHOP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/LIMITATION ANY WARRANTY OF MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, WHETHER EXPRESS, IMPLIED NOR DOES EXTRAHOP WARRANT THE ACCURACY OR STATUTORY.WE AND OUR VENDORS DO COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE PRODUCT. EXTRAHOP DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON USE OF, OR ACCESS TO, THE APP/THE WEBSITE PRODUCT WILL BE UNINTERRUPTED, TIMELYVIRUS-FREE OR ERROR-FREE. CUSTOMER HEREBY ACKNOWLEDGES THE NEED TO MAKE PERIODIC BACKUP COPIES OF THE DATA AND CONFIGURATION STORED ON THE PRODUCT AS A PRECAUTION AGAINST POSSIBLE FAILURES, SECUREDALTERATION OR LOSS. BEFORE RETURNING THE PRODUCT FOR ANY REASON, ERROR FREECUSTOMER SHOULD REMOVE ANY CONFIDENTIAL, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPROPRIETARY OR PERSONAL INFORMATION. EXTRAHOP IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, SECURITY OF ANY CERTAIN QUALITYPROGRAMS, RELIABLEDATA, SUITABLE FORCONFIGURATION, OR COMPATIBLE WITHPHYSICAL MEDIA.EXTRAHOP IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME)DATA, OR COMPLY WITH ANY LAWS APPLICABLE CONFIGURATION OTHER THAN THE SOFTWARE INSTALLED BY EXTRAHOP WHEN THE PRODUCT WAS INITIALLY DELIVERED TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CUSTOMER.

Appears in 1 contract

Samples: General Terms and Conditions

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES ITRON MAKES NO WARRANTY OF ANY KIND. WE KIND RELATING TO SERVICES AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, (I) IMPLIED WARRANTIES AND/OF MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING WARRANTIES OF TITLE AND AGAINST INFRINGEMENT, AND (III) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ANY CONTENTIMPLIED WARRANTY CANNOT BE EXCLUDED, INFORMATIONSUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT SERVICES OR EQUIPMENT WILL BE FREE FROM BUGS, REPORTS ERRORS OR RESULTS THAT YOU OBTAIN THROUGH THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ITS DATA CENTERS OR DATA CENTERS OF ITS VENDORS VIA WAN, CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS (INCLUDING OUTAGES, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE APP AND/CONTENT OR PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE WEBSITE. WE FURTHER NOTIFY YOU THAT:ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: And Field Tools Solution Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN THESE TERMS SECTION 12.1 AND 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSTATUTORY, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, WHETHER EXPRESSSOFTWARE, IMPLIED SYSTEM OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY WARRANTY INFORMATION OBTAINED THROUGH THE PRODUCTS OR REPRESENTATION THAT DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE SERVICES ON THE APP/THE WEBSITE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR ERROR-FREE OR VIRUS-FREE, OR THAT DATA WON’T BE LOST, THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE OFFERINGS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE OTHER DAMAGES RESULTING FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:PROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR ELSEWERE IMPLIED, WITH REGARD TO THE CONTRARY SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND NETWORK FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"SYSTEM OR LOSS OF DATA, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEVEN IF THE BANK SPONSOR, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESNETWORK, SUBCONTRACTORSPROCESSOR, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE APP/CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE WEBSITEAND TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY PROCESSING SWITCH PROBLEMS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DOWNTIME.

Appears in 1 contract

Samples: Atm Processing Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING SELLER'S EXPRESS LIMITED WARRANTY TO BUYER IN THESE TERMS OR ELSEWERE SECTION 13, TOGETHER WITH THE PRODUCT SUPPORT OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 15, CONSTITUTES SELLER'S SOLE LIABILITY AND BUYER'S SOLE REMEDY WITH RESPECT TO THE CONTRARY PRODUCTS ORDERED UNDER THIS AGREEMENT, AND EXTEND ONLY TO BUYER AS THE ORIGINAL PURCHASER. BUYER MAY NOT TRANSFER SUCH WARRANTY OR RIGHT TO RECEIVE SUPPORT TO ANY OTHER PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINLAWS AND REGULATIONS, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"SELLER DISCLAIMS ALL OTHER WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY WARRANTY OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, WHETHER EXPRESSOR ACCURACY OF TEST OR OTHER RESULTS. ADDITIONALLY, IMPLIED ANY MAINTENANCE, REPAIR OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY ALTERATION TO OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDOF, OR THAT OTHER TAMPERING WITH, THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES PRODUCTS HEREUNDER BY ANY PERSON OR ENTITY OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINTHAN SELLER WITHOUT SELLER’S PRIOR WRITTEN CONSENT, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETEUSE OF REPLACEMENT PARTS SUPPLIER HAS NOT SUPPLIED, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY IMMEDIATELY VOID AND CANCEL THE EXPRESS WARRANTY HEREIN TO BUYER WITH ANY LAWS APPLICABLE RESPECT TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:AFFECTED PRODUCTS AND SERVICES.

Appears in 1 contract

Samples: www.qorvobiotech.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS AGREEMENT, THE SOFTWARE, SERVICES ON THW APP /THE WEBSITE AND SUPPORT SERVICES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEXO MAKES NO WARRANTIES, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESWHETHER EXPRESS, SUBCONTRACTORSIMPLIED, AGENTS AND VENDORS (INCLUDINGOR STATUTORY REGARDING OR RELATING TO THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE THIRD PARTY SERVICE PROVIDERSDOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT. EXO DOES NOT WARRANT THAT THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARES ARE DESIGNED TO MEET PARTNER’S BUSINESS REQUIREMENTS. EXO HEREBY DISCLAIM ANY AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDOTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, SYSTEM INTEGRATION, COURSE OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTWITH RESPECT TO THE SUPPORT SERVICES, WHETHER EXPRESSSERVICES, IMPLIED DELIVERABLES, WORK PRODUCT, SOFTWARES, THE DOCUMENTATION OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY MATERIALS FURNISHED OR REPRESENTATION PROVIDED TO PARTNER UNDER THIS AGREEMENT. PARTNER ACKNOWLEDGES THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDSOFTWARES ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, TIMELYWITHOUT LIMITATION, SECUREDAIR OR SPACE TRAVEL, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPOWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, EXO MAKES NO WARRANTY AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY LAWS APPLICABLE TO YOU; AND/USE OF THE SOFTWARES IN SUCH SITUATIONS AND PARTNER EXPRESSLY WARRANTS IT SHALL NOT USE OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH PROVIDE THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SOFTWARES IN SUCH CIRCUMSTANCES.

Appears in 1 contract

Samples: Exo Partner Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO THE CONTRARY CLIENT AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AND/OF MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENTANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE, WITH RESPECT TO THE TELETRACKING SOFTWARE. THIRD PARTY PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTOTHERWISE, FOR THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES, AND EXPRESSLY DISCLAIM SHALL HAVE NO LIABILITY FOR ANY WARRANTY DELAYS, FAILURES OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDLOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO ANY THIRD PARTY SOFTWARE, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDHARDWARE, OR THAT SERVICES. NOR SHALL TELETRACKING HAVE ANY LIABILITY RESULTING FROM THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINTRANSMISSION OF DATA BY CLIENT VIA THIRD PARTY networks or telecommunications products and services including, WE DO NOT WARRANTWITHOUT LIMITATION, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:the internet and mobile devices.

Appears in 1 contract

Samples: Subscription and License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY WEB SITE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTSAND "AS AVAILABLE" BASIS, AND BASIS WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WARRANTY OF ANY KIND, INCLUDING EXPRESS OR IMPLIED. Equity Resources, LLC and Parc Residential Properties MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. Equity Resources, LLC and Parc Residential Properties DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT. Equity Resources, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO LLC and Parc Residential Properties DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE FROM OF VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINEquity Resources, WE LLC and Parc Residential Properties MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT WARRANTALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH . THE APP AND/OR FOREGOING SHALL BE ENFORCEABLE TO THE WEBSITE. WE FURTHER NOTIFY YOU THAT:MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS SECTION 6, THE ALL SOFTWARE, DOCUMENTATION, MAINTENANCE AND SUPPORT AND SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, APPDYNAMICS AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER EXPRESSOR THE CONTINUOUS, IMPLIED UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. APPDYNAMICS EXPRESSLY DISCLAIM DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR REPRESENTATION THAT COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION, MAINTENANCE AND SUPPORT, OR SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES SOFTWARE WILL BE COMPATIBLE OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM WORK WITH ANY WARRANTY END USER OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, THIRD PARTY SOFTWARE OR TOOLS HARDWARE. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (OR THAT IT WILL REMAIN AS SUCH AT ANY TIMEwhether made negligently or innocently) other than as expressly set out in this Agreement. AppDynamics is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and End User acknowledges that the Software and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Software could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). AppDynamics expressly disclaims any express or implied warranty or representation of fitness for High Risk Use. AppDynamics shall not be liable to End User for any loss, OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:damage or harm suffered by End User that is directly or indirectly caused by End User’s unauthorized use of the Software to process Prohibited Data.

Appears in 1 contract

Samples: Licence Agreement Terms

Warranty Disclaimer. NOTWITHSTANDING ANYTHING EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THESE TERMS THIS AGREEMENT, SECTIGO AND THE INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE SECTIGO SSL WEB SERVER CERTIFICATION AUTHORITIES, INCLUDING ANY RESELLERS, CO- MARKETERS, OR ELSEWERE ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING EXPRESSLY DISCLAIM ALL OTHER WARRANTIES IN THE CERTIFICATION SERVICES WETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE. THIS DISCLAIMER IS EFFECTIVE TO THE CONTRARY MAXIMUM EXTENT ALLOWED BY LAW AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH INCLUDES ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. THE CERTIFICATION SERVICES ARE NOT TO BE USED FOR, WHETHER EXPRESSOR RELIED UPON AS, IMPLIED CONTROL EQUIPMENT IN HAZARDOUS CIRCUMSTANCES OR STATUTORY.WE CIRCUMSTANCES REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, WEAPONS CONTROL SYSTEMS, OR WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE ENVIRONMENTAL DAMAGE, EACH OF WHICH IS AN UNAUTHORIZED USE OF A CERTIFICATE AND OUR VENDORS DO FOR WHICH A CERTIFICATE IS NEITHER DESIGNED NOR INTENDED. SECTIGO DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY WARRANT THAT 1) THE CERTIFICATION SERVICES WILL MEET YOUR REQUIREMENTS OR REPRESENTATION YOUR EXPECTATIONS OR 2) THAT ACCESS TO THE CERTIFICATION SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDSECURE, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:ERROR-FREE.

Appears in 1 contract

Samples: Relying Party Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOBILE APP, FLEETNURSE MATERIALS, AND SERVICES ON THW APP /THE WEBSITE ARE BEING PROVIDED ON AN "TO YOU “AS IS", “WITH ALL FAULTSAND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE AND OUR AFFILIATESFLEETNURSE EXPRESSLY DISCLAIMS ALL WARRANTIES, SUBCONTRACTORSWHETHER EXPRESS, AGENTS AND VENDORS (INCLUDINGIMPLIED, THE THIRD PARTY SERVICE PROVIDERSOR STATUTORY, HEREBY DISCLAIM INCLUDING ANY AND ALL REPRESENTATIONS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTPURPOSE, AND EXPRESSLY DISCLAIM ANY NON- INFRINGEMENT. IN PARTICULAR, FLEETNURSE AND ITS AFFILIATES MAKE NO WARRANTY THAT (A) THE MOBILE APP, FLEETNURSE MATERIALS, OR REPRESENTATION THAT SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES ON THE APP/THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, TIMELYSECURE, SECUREDCOMPLETE, ERROR OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE MOBILE APP, THAT DATA WON’T FLEETNURSE MATERIALS, OR SERVICES WILL BE LOSTACCURATE OR RELIABLE; (D) ANY DEFECTS OR ERRORS IN THE MOBILE APP, THAT DEFECTS FLEETNURSE MATERIALS, OR SERVICES WILL BE CORRECTED; OR (E) YOU WILL REALIZE ANY AMOUNT OF ECONOMIC BENEFIT IN CONNECTION WITH THESE TERMS OR USE OF THE MOBILE APP OR OUR SERVICES. ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR THAT OTHERWISE MAINTAINED THROUGH THE APP/USE OF THE WEBSITEAND THE MOBILE APP OR SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTIS DONE SO AT YOUR OWN DISCRETION AND RISK, AND EXPRESSLY DISCLAIM YOU WILL BE SOLELY RESPONSIBLE FOR ANY WARRANTY DAMAGE TO YOUR DEVICES OR REPRESENTATION (I) LOSS OR CORRUPTION OF DATA THAT OUR SERVICES (RESULTS FROM ANY SUCH USE OF THE MOBILE APP OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, SERVICES. NO ADVICE OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS WHETHER ORAL OR RESULTS THAT WRITTEN, OBTAINED BY YOU OBTAIN FROM FLEETNURSE OR THROUGH OR FROM THE MOBILE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICES WILL CREATE ANY WARRANTY.

Appears in 1 contract

Samples: Fleetnurse Terms of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSTATED OTHERWISE IN THE TMS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES ON THW APP /THE WEBSITE ARE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE BY US OR A THIRD PARTY SERVICE PROVIDERSPROVIDER, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDINCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT THE SERVICES AND/OR REPRESENTATIONS ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE), AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTPURPOSE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; INTERNET AND/OR (II) REGARDING TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY CONTENTOF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, INFORMATIONWE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN A SERVICE AGREEMENT OR USER GUIDE SHALL BE IN ADDITION TO, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH AND NOT IN LIEU OF, THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DISCLAIMERS STATED HEREIN.

Appears in 1 contract

Samples: Master Treasury Management Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE DATA SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", " AND WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND ,” WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FANDANGO AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND ITS VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY EACH DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE STATUTORY, RELATING TO THE DATA SERVICES, INCLUDING WITHOUT LIMITATION ANY AND OUR VENDORS DO NOT WARRANTALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDACCURACY, TIMELYRESULTS OF USE, SECUREDRELIABILITY, ERROR FREEFITNESS FOR A PARTICULAR PURPOSE, THAT DATA WON’T BE LOSTTITLE, THAT DEFECTS WILL BE CORRECTEDINTERFERENCE WITH QUIET ENJOYMENT, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. FURTHER, DUE TO THE COMPLEX NATURE OF COMPUTER SOFTWARE AND INTERNET SERVICES, FANDANGO DOES NOT REPRESENT OR WARRANT THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (ALL OR ANY PORTION THEREOF) OF THE DATA SERVICES IS COMPLETEFREE OF INACCURACIES, ERRORS OR BUGS, WILL BE AVAILABLE OR OPERATE WITHOUT INTERRUPTIONS, IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, OR IS RELIABLE, ACCURATE, LEGAL, COMPLETE OR OTHERWISE VALID. ALL OR A PORTION OF THE DATA SERVICES MAY BE EXPERIMENTAL AND NOT TESTED IN ANY CERTAIN QUALITYMANNER. LICENSEE’S USE OF THE DATA SERVICES IS AT LICENSEE’S OWN DISCRETION AND RISK, RELIABLEAND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DATA SERVICES INCLUDING, SUITABLE FOR, OR COMPATIBLE WITHBUT NOT LIMITED TO, ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DATA.

Appears in 1 contract

Samples: Fandango Data Services Terms and Conditions

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO YOU AGREE THAT YOUR USE OF THE CONTRARY PRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIRBELA (ON BEHALF OF ITSELF AND THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"VIRBELA PARTIES) DISCLAIMS ALL WARRANTIES, “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR VENDORS SITE. XXXXXXX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. XXXXXXX DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE VIRBELA PARTIES DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDENDORSE, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDGUARANTEE, OR THAT ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTSERVICES, AND EXPRESSLY DISCLAIM THE VIRBELA PARTIES WILL NOT BE A PARTY TO OR IN ANY WARRANTY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICES.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT , BANK DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERV ICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , OR NONINFRINGEMENT. BANNER BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICE, THAT THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES . YOU EXPRESSLY SET FORTH HEREIN, UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ON THW APP /THE WEBSITE ARE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", “WITH ALL FAULTS” " AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES . BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY KINDMATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. WE YOUR SOLE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM EXCLUSIVE REMEDY FOR ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/FAILURE OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM PERFORMANCE OF THE SERVICE (INCLUDING ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY THEIR MATERIALS SUPPLIED IN CONNECTION WITH ANY LAWS THE SERIVCE) SHALL BE FOR THE BANK TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SERVICE.

Appears in 1 contract

Samples: Banner Bank Online and Mobile Banking User Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE AND OUR AFFILIATESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBCONTRACTORSCOMPANY DISCLAIMS ALL WARRANTIES, AGENTS AND VENDORS (INCLUDINGEXPRESS, THE THIRD PARTY SERVICE PROVIDERSIMPLIED, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTMERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, WHETHER EXPRESSOR ITS EMPLOYEES, IMPLIED DIRECTORS, CONTRACTORS, OR STATUTORY.WE AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE CLIENT SOFTWARE OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO AND OUR VENDORS USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT WARRANTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT SO THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO ABOVE LIMITATIONS MAY NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE APPLY TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO USE OF THE CONTRARY SUBSCRIPTION SERVICES IS AT SUBSCRIBER’S SOLE RISK AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SUBSCRIPTION SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” " AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KINDWITH ALL FAULTS. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY FILMPAC PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATIONWHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESSAND ANY WARRANTIES ARISING OUT OF COUSE OF DEALING OR USAGE OF TRADE, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY TO THE MAXIMUM AMOUNT PERMITTED BY LAW. THE FILMPAC PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THAT: (a) THE SUBSCRIPTION SERVICES ON WILL MEET SUBSCRIBER’S REQUIREMENTS; (b) THE APP/THE WEBSITE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREDSECURE OR ERROR-FREE; (c) THE CONTENT AVAILABLE THROUGH THE SUBSCRIPTION SERVICES IS OF A PARTICULAR QUALITY, ERROR FREEIS ACCURATE, CURRENT OR COMPLETE; OR (d) THAT DATA WON’T BE LOST, THAT DEFECTS ANY ERRORS IN THE SUBSCRIPTION SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SUBSCRIPTION SERVICES IS ACCESSED AT SUBSCRIBER’S OWN RISK, AND SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, SUBSCRIBER’S COMPUTER SYSTEM AND ANY DEVICE USED TO ACCESS THE SUBSCRIPTION SERVICES, OR ANY OTHER LOSS THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE RESULTS FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS ACCESSING SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:MATERIALS.

Appears in 1 contract

Samples: Subscriber Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO DYNATRACE DOES NOT WARRANT THAT: (A) THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES USE OF ANY KIND. WE AND OUR AFFILIATESDYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SUBCONTRACTORSSOFTWARE, AGENTS AND VENDORS SYSTEM OR DATA; (INCLUDING, B) THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM PRODUCTS OR DELIVERABLES OR ANY AND ALL REPRESENTATIONS AND WARRANTIES OF INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/STORED CUSTOMER DATA WILL BE ACCURATE OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED RELIABLE; OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY (D) THE PRODUCTS OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE DELIVERABLES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR ERROR-FREE OR VIRUS-FREE, OR THAT DATA WON’T BE LOST, THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINRELIABILITY, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AVAILABILITY AND/OR (II) REGARDING ANY CONTENTTIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INFORMATIONINCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE WEBSITEUSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE FURTHER NOTIFY YOU THAT:DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING RECIPIENT ACKNOWLEDGES AND ACCEPTS THE INHERENT RISK IN THESE TERMS ACQUISITION, PROCESSING AND INTERPRETATION OF GEOLOGICAL, GEOPHYSICAL, COMMERCIAL, INTERPRETATIVE AND OTHER DATA OF ALL KINDS. DISCLOSING PARTY REPRESENTS THAT IT HAS THE RIGHT TO DISCLOSE THE INFORMATION. DISCLOSING PARTY MAKES NO REPRESENTATIONS OR ELSEWERE WARRANTIES, EXPRESS OR IMPLIED, AS TO ACCURACY, QUALITY OR COMPLETENESS OF THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISINFORMATION, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL ONLY SPECIFIC REPRESENTATIONS AND WARRANTIES MADE IN A DEFINITIVE AGREEMENT OR AGREEMENTS (WHEN AND IF THE SAME IS OR ARE FULLY EXECUTED AND DELIVERED) SHALL HAVE LEGAL EFFECT. WITHOUT LIMITING ANY OBLIGATION THAT DISCLOSING PARTY MAY EXPRESSLY UNDERTAKE IN A DEFINITIVE AGREEMENT OR AGREEMENTS REGARDING THE POSSIBLE TRANSACTION, NEITHER DISCLOSING PARTY NOR ITS REPRESENTATIVES OR AFFILIATES SHALL BE LIABLE TO RECIPIENT OR ANY OTHER PERSONS IN CONTRACT, TORT, SECURITIES LAWS OR OTHERWISE AS A RESULT OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES THE POSSIBLE TRANSACTION AND/OR REPRESENTATIONS USE OF MERCHANTABILITYTHE INFORMATION, FUNCTIONALITYERRORS THEREIN OR OMISSIONS THEREFROM, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED BY RECIPIENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY THOSE IN PRIVITY WITH OR REPRESENTATION RELATED TO RECIPIENT. RECIPIENT AGREES THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; NEITHER RECIPIENT NOR ITS AFFILIATES AND/OR (II) REGARDING ANY CONTENT, REPRESENTATIVES SHALL RELY UPON THE INFORMATION, REPORTS IT IS DISCLOSED ‘AS IS, WHERE IS’, WITHOUT ANY WARRANTY, EXPRESS OR RESULTS THAT YOU OBTAIN THROUGH THE APP IMPLIED, AND IT AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:THEY SHALL SATISFY ITSELF AND/OR THEMSELVES AS TO ITS ACCURACY AND COMPLETENESS, AND THAT RECIPIENT SHALL MAKE INDEPENDENT VERIFICATION THEREOF.

Appears in 1 contract

Samples: Confidentiality Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES AND SERVICES PROVIDED BY CEDARS-SINAI IN THESE ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE WITHOUT EXPRESS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES IMPLIED WARRANTY OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY THE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES OR SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANTOR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. SUCH ARE ALL PROVIDED TO MEMBERS “AS IS”. CEDARS-SINAI SHALL BEAR NO LIABILITY FOR ANY CLAIM, ACTION, DAMAGE OR INJURY ON ACCOUNT OF MEMBER’S USE OF THE SOURCEDRIVE SOFTWARE AND EXPRESSLY DISCLAIM RELATED RESOURCES AND SERVICES. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, RESEARCHERS, EMPLOYEES, STUDENTS, AGENTS AND AFFILIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY WARRANTY KIND, INCLUDING ECONOMIC DAMAGES OR REPRESENTATION (I) INJURY TO PERSONS OR PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER THAT OUR SERVICES (PARTY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING. THIS SECTION SHALL SURVIVE THE EXPIRATION OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, EARLIER TERMINATION OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:THIS AGREEMENT.

Appears in 1 contract

Samples: Cedars Sinai Sourcedrive Consortium Membership Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO Except as specifically set forth in Section 5.1 above, no further warranty of any kind is being provided by Plucom Technology, including, without limitation, any warranty that the Software and Source Code shall be free from defects in design, material or workmanship. LICENSEE ASSUMES TOTAL RESPONSIBILITY FOR THE CONTRARY USE OF THE SOFTWARE AND TO SOURCE CODE, AND THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE SOFTWARE AND SOURCE CODE ARE PROVIDED ON AN "AS AS-IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 5.1, THE SOFTWARE AND SOURCE CODE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. WE , EITHER EXPRESS OR IMPLIED, AND OUR AFFILIATESWHETHER ARISING UNDER LAW OR FROM COURSE OF PERFORMANCE, SUBCONTRACTORSCOURSE OF DEALING, AGENTS AND VENDORS OR USAGE OF TRADE (COLLECTIVELY, "DISCLAIMED WARRANTIES"), INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AND/OF NON-INFRINGEMENT, MERCHANTABILITY OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED BY PLUCOM TECHNOLOGY AND NON-INFRINGEMENTFOREVER WAIVED BY LICENSEE. NO ADVICE OR INFORMATION GIVEN BY PLUCOM TECHNOLOGY, WHETHER EXPRESS, IMPLIED ITS AFFILIATES OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDOBLIGATION OF PLUCOM TECHNOLOGY. In the event that any of the Disclaimed Warranties cannot be disclaimed or waived under applicable law, TIMELYLicensee's sole and exclusive remedy for breach of such Disclaimed Warranty will be, SECUREDat Plucom Technology’s sole discretion, ERROR FREEeither (i) the replacement of the Source Code, THAT DATA WON’T BE LOSTat no additional cost to Licensee, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION or (Iii) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:the refund of any License Fees actually paid by Licensee under this Agreement.

Appears in 1 contract

Samples: Licensing and Confidentiality Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREINFOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, MAGENTO PROVIDES THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED MAGENTO EXTENSION ON AN "AS AS-IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. MAGENTO, ITS AFFILIATES, AND WITHOUT WARRANTIES OF ANY KIND. WE THIRD-PARTY PROVIDERS DISCLAIM AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATIONREPRESENTATIONS, GUARANTEES OR WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER EXPRESSOR ACCURACY. CUSTOMER ACKNOWLEDGES THAT (A) NEITHER MAGENTO, IMPLIED ITS AFFILIATES NOR ITS THIRD PARTY PROVIDERS CONTROLS CUSTOMER EQUIPMENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTHE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET); (B) THE MAGENTO EXTENSION MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS, AND EXPRESSLY DISCLAIM OTHER PROBLEMS INHERENT IN THE USE OF THE COMMUNICATIONS FACILITIES (INCLUDING SEARCH ENGINES AND SOCIAL MEDIA CHANNELS); AND (C) IT IS FULLY RESPONSIBLE TO INSTALL APPROPRIATE SECURITY UPDATES AND PATCHES. MAGENTO, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDINTERRUPTIONS, TIMELYDELAYS, SECUREDCANCELLATIONS, ERROR FREEDELIVERY FAILURES, THAT DATA WON’T BE LOSTLOSS, THAT DEFECTS WILL BE CORRECTEDCONTENT CORRUPTION, PACKET LOSS, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE OTHER DAMAGE RESULTING FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:THESE PROBLEMS.

Appears in 1 contract

Samples: Magento Extension Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING OTHER THAN EXPRESS WARRANTIES IN THESE TERMS THE AGREEMENT, MAXIMIZER MAKES NO WARRANTY CONCERNING THE MAXIMIZER SYSTEM, MAXIMIZER TECHNOLOGY OR ELSEWERE SERVICES AND CUSTOMER ACKNOWLEDGES THAT MAXIMIZER’S SOLE OBLIGATION WITH REGARD TO THE CONTRARY AND SERVICES IS TO PROVIDE THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINSUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SERVICES ON THW APP /THE WEBSITE SERVICES, THE MAXIMIZER SYSTEM, THE MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY MAXIMIZER AND ITS SUPPLIERS ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND ,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAXIMIZER AND OUR AFFILIATESITS SUPPLIERS MAKE NO OTHER WARRANTIES, SUBCONTRACTORSEXPRESS OR IMPLIED, AGENTS AND VENDORS (BY OPERATION OF LAW OR OTHERWISE, INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR REPRESENTATIONS CONDITIONS OF MERCHANTABILITYNONINFRINGEMENT, FUNCTIONALITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, WHETHER EXPRESS, IMPLIED COURSE OF DEALING OR STATUTORY.WE AND OUR VENDORS DO USAGE OF TRADE. MAXIMIZER DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION WARRANT THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDCOMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE APP/SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN THE WEBSITEAND LOCATION OF THE SERVICES PROVIDED THEREON CUSTOMER. THOSE WHO ACCESS OR USE THE SOFTWARE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) RESPONSIBLE TO ENSURE THAT OUR SERVICES (OR ANY PORTION THEREOF) THEIR USE IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY IN COMPLIANCE WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:LOCAL LAW.‌

Appears in 1 contract

Samples: Maximizer Services

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS CLAUSE 14, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASISTHIS AGREEMENT EXCLUDES, AND WITHOUT WARRANTIES OF ANY KIND. WE NECP HEREBY SPECIFICALLY AND OUR AFFILIATESCATEGORICALLY DISCLAIMS, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, Processing Services and Digital Banking Technologies, OR ANY KINDCOMPONENTS OR PARTS THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYQUALITY, FUNCTIONALITYPERFORMANCE, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESSMARKETABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE DEFINED OR UNDEFINED. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, IMPLIED COURSE OF PERFORMANCE, OR STATUTORY.WE AND OUR VENDORS DO USAGE. NECP DOES NOT WARRANTWARRANT THAT the Implementation Services, AND EXPRESSLY DISCLAIM ANY WARRANTY Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies WILL MEET CLIENTS NEEDS, OR REPRESENTATION BE USABLE WITHOUT THE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR Technologies; OR THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL ALL ERRORS CAN BE CORRECTED, OR THAT Provision OF THE APP/Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies AND OTHER SOFTWARE or services USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITEAND FOREGOING EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODEBASIS FOR DETERMINING THE CHARGES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CLIENT: _______ NECP: _______ 16 of 27

Appears in 1 contract

Samples: Banking Platform Operating Agreement (AppTech Corp.)

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR ELSEWERE IMPLIED, WITH REGARD TO THE CONTRARY SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND NETWORK FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS"SYSTEM OR LOSS OF DATA, “WITH ALL FAULTS” AND "AS AVAILABLE" BASISEVEN IF THE BANK SPONSOR, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESNETWORK, SUBCONTRACTORSPROCESSOR, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTEDPAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE APP/CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE WEBSITEAND TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY PROCESSING SWITCH PROBLEMS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DOWNTIME.

Appears in 1 contract

Samples: Atm Processing Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE API IS PROVIDED ON AN "AS IS", " AND WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND ,” WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FANDANGO AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND ITS VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY EACH DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE STATUTORY, REGARDING THE API, INCLUDING WITHOUT LIMITATION ANY AND OUR VENDORS DO NOT WARRANTALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDACCURACY, TIMELYRESULTS OF USE, SECUREDRELIABILITY, ERROR FREEFITNESS FOR A PARTICULAR PURPOSE, THAT DATA WON’T BE LOSTTITLE, THAT DEFECTS WILL BE CORRECTEDINTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. FURTHER, DUE TO THE COMPLEX NATURE OF COMPUTER SOFTWARE AND INTERNET SERVICES, FANDANGO DOES NOT REPRESENT OR WARRANT THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (ALL OR ANY PORTION THEREOF) OF THE API IS COMPLETEFREE OF INACCURACIES, ERRORS OR BUGS, WILL BE AVAILABLE OR OPERATE WITHOUT INTERRUPTIONS, IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, OR IS RELIABLE, ACCURATE, LEGAL, COMPLETE OR OTHERWISE VALID. ALL OR A PORTION OF THE API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY CERTAIN QUALITYMANNER. LICENSEE’S USE OF THE API IS AT LICENSEE’S OWN DISCRETION AND RISK, RELIABLEAND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE API INCLUDING, SUITABLE FOR, OR COMPATIBLE WITHBUT NOT LIMITED TO, ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:DATA.

Appears in 1 contract

Samples: Fandango Api Terms and Conditions

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS"" AND “AS AVAILABLE”, WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATIONAND RAN GROUP AND THE DISTRIBUTION CHANNELS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS CONDITIONS OF MERCHANTABILITY, FUNCTIONALITYNONINFRINGEMENT OF THIRD- PARTY RIGHTS, TITLEOF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF AVAILABILITY AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO AS TO SUBJECT MATTER OF CONTENT. RAN GROUP DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION : (1) THAT THE SERVICES ON THE APP/THE WEBSITE SERVICES’ FUNCTIONS OR ANY SERVICES, CONTENT OR THIRD PARTY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED, OR ; (3) THAT THE APP/SERVICES OR THE WEBSITEAND THE SERVICES PROVIDED THEREON SERVERS HOSTING CONTENT ARE FREE FROM OF VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY ; OR REPRESENTATION (I4) THAT OUR THE SERVICES, CONTENT OR THIRD PARTY PROPERTIES AVAILABLE THROUGH THE SERVICES (WILL CONTINUE TO BE AVAILABLE. RAN GROUP SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PORTION THEREOF) OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS COMPLETE, ACCURATE, TO DISCONTINUE ACCESSING AND USING THE SERVICES. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FORWARRANTIES, OR COMPATIBLE WITH, ANY SOME OR ALL OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (i) product liability claims; AND/OR (IIii) REGARDING ANY CONTENTany claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, INFORMATIONyou should contact us at the address below. The Distribution Channel will also not be responsible for investigation, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:defense, settlement and discharge of any third party intellectual property infringement claim.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINPROVIDED IN THIS SECTION 6, THE ALL SOFTWARE, DOCUMENTATION, MAINTENANCE AND SUPPORT AND SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, APPDYNAMICS AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER EXPRESSOR THE CONTINUOUS, IMPLIED UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. APPDYNAMICS EXPRESSLY DISCLAIM DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR REPRESENTATION THAT COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION, MAINTENANCE AND SUPPORT, OR SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES SOFTWARE WILL BE COMPATIBLE OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM WORK WITH ANY WARRANTY END USER OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, THIRD PARTY SOFTWARE OR TOOLS HARDWARE. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (OR THAT IT WILL REMAIN AS SUCH AT ANY TIMEwhether made negligently or innocently) other than as expressly set out in this Agreement. AppDynamics is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and End User acknowledges that the Software and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. The Software is not fault- tolerant and is not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Software could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). AppDynamics expressly disclaims any express or implied warranty or representation of fitness for High Risk Use. AppDynamics shall not be liable to End User for any loss, OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:damage or harm suffered by End User that is directly or indirectly caused by End User’s unauthorized use of the Software to process Prohibited Data.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS VERACITY MAKES NO EXPRESS OR ELSEWERE TO IMPLIED WARRANTY REGARDING THE CONTRARY SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREINDISCLAIMS ANY IMPLIED WARRANTY, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT INCLUDING ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES MERCHANTABILITY AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE. VERACITY DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. VERACITY DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM REFUND IN THE EVENT OF ANY WARRANTY OR REPRESENTATION DEFECT. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ON ARE NOT ENABLED TO FUNCTION AS OUTDIALING SYSTEMS INCLUDING HOME OR OFFICE SECURITY SYSTEMS, TTY EQUIPMENT, MEDICAL MONITORING EQUIPMENT OR SATELLITE TELEVISION SYSTEMS. COMPANY WILL NOT BE LIABLE FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE APP/THE WEBSITE WILL BE UNINTERRUPTEDSERVICES. CUSTOMER FURTHER ACKNOWLEDGES THAT, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREINOTHERWISE AGREED, WE DO THE SERVICES ARE NOT WARRANTDESIGNED, INTENDED OR RECOMMENDED AS A MEANS BY WHICH TO STORE OR TRANSMIT “PROTECTED HEALTH INFORMATION” (“PHI’) AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND RELATED OR SIMILAR LAWS (COLLECTIVELY, “HIPAA”). COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR THEIR USE WILL COMPLY WITH HIPAA OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA, AND EXPRESSLY DISCLAIM IS RELEASED FROM ANY WARRANTY LIABILITY FOR ITS ACTS OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE OMISSIONS RELATING TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:HIPAA.

Appears in 1 contract

Samples: Universal Terms of Service

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, . THE SOFTWARE AND ANY RELATED SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", ” AND AS AVAILABLE” WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, FAULTS AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. WE BIOCONNECT HEREBY DISCLAIMS ALL WARRANTIES AND OUR AFFILIATESCONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, SUBCONTRACTORSEITHER EXPRESS, AGENTS AND VENDORS IMPLIED OR STATUTORY (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDWHERE PERMITTED BY LAW), INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLESATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY INFRINGEMENT OF THIRD PARTY RIGHTS. BIOCONNECT PROVIDES NO WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF MEET YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (REQUIREMENTS OR THAT IT WILL REMAIN BE PROVIDED UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR ANY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIOCONNECT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OTHER THAN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:SET OUT HEREIN.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREINFOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, MAGENTO PROVIDES THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED EXTENSION ON AN "AS AS-IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. MAGENTO, ITS AFFILIATES, AND WITHOUT WARRANTIES OF ANY KIND. WE THIRD-PARTY PROVIDERS DISCLAIM AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATIONREPRESENTATIONS, GUARANTEES OR WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER EXPRESSOR ACCURACY. CUSTOMER ACKNOWLEDGES THAT (A) NEITHER MAGENTO, IMPLIED ITS AFFILIATES NOR ITS THIRD PARTY PROVIDERS CONTROLS CUSTOMER EQUIPMENT OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANTTHE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET); (B) THE EXTENSION MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS, AND EXPRESSLY DISCLAIM OTHER PROBLEMS INHERENT IN THE USE OF THE COMMUNICATIONS FACILITIES (INCLUDING SEARCH ENGINES AND SOCIAL MEDIA CHANNELS); AND (C) IT IS FULLY RESPONSIBLE TO INSTALL APPROPRIATE SECURITY UPDATES AND PATCHES. MAGENTO, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTEDINTERRUPTIONS, TIMELYDELAYS, SECUREDCANCELLATIONS, ERROR FREEDELIVERY FAILURES, THAT DATA WON’T BE LOSTLOSS, THAT DEFECTS WILL BE CORRECTEDCONTENT CORRUPTION, PACKET LOSS, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE OTHER DAMAGE RESULTING FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:THESE PROBLEMS.

Appears in 1 contract

Samples: Magento Extension Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” " AND "AS AVAILABLE" BASIS. THE COMPANY DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS, AND WITHOUT CUSTOMER HEREBY WAIVES, ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF ANY KIND. WE AND OUR AFFILIATESPERFORMANCE, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO DELAYS. COMPANY DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY GUARANTEE OR REPRESENTATION REPRESENT THAT THE SERVICES ON THE APP/THE WEBSITE SERVICES, CUSTOMER INFORMATION OR COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS WILL BE UNINTERRUPTEDSECURE, TIMELYCOMPLETE, SECUREDACCURATE, BUG OR ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CUSTOMER INFORMATION, OR COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS ARE FREE OF VIRUSES, MALICIOUS CODE, BUGS OR OTHER HARMFUL COMPONENTS, THAT THE COMPANY’S BUILDINGS ARE FIREPROOF, OR THAT THE APP/CONTENTS OF SAID BUILDINGS, INCLUDING THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, CUSTOMER INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:CANNOT BE DESTROYED BY FIRE.

Appears in 1 contract

Samples: Document Imaging Services Agreement

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO You should regularly back up Your queries and Your Data while using the Service. NEO4J PROVIDES THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED SERVICE ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. NEO4J DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE OR UPTIME OF THE SERVICE, AND WITHOUT WARRANTIES OR THAT YOUR USE OF ANY KINDTHE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE AND OUR AFFILIATESNEO4J EXPRESSLY DISCLAIMS ALL WARRANTIES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITYNON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NEO4J HAS NO RESPONSIBILITY FOR LOSS OF QUERIES OR DATA OR INABILITY TO USE THE SERVICE FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEO4J DISCLAIMS ANY AND NON-INFRINGEMENTALL LIABILITY THAT MAY ARISE FROM YOUR DATA AND THE USE OF THE SERVICE TO COLLECT MANAGE, WHETHER EXPRESS, IMPLIED STORE OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, PROCESS PROHIBITED INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:.

Appears in 1 contract

Samples: Terms of Service

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