Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.

Appears in 8 contracts

Samples: Vstore Terms of Agreement (E Hoppy Network Inc), Vstore Terms of Agreement (E Book Network Inc), Vstore Terms of Agreement (E the Movie Networks)

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Warranty Disclaimer. VSTORE has no control over the conditions under which you configureEXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interactionTHE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. VSTORE AVEPOINT DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORKSTATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, THE STOREFRONTCOURSE OF PERFORMANCE, USAGE OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTTRADE PRACTICE, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR- FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT 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 AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD- PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCEDATA AND THE RESULTS, DEALINGCAPABILITIES, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKSUITABILITY, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND NON-USE OR PERFORMANCE OF THE NETWORK AND SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE STOREFRONTUSE OF THE SOLUTIONS. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCTCUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, (B) BUT THE PURCHASE DURATION OF (OR INABILITY TO PURCHASE) ANY PRODUCTSTATUTORILY REQUIRED WARRANTIES, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT IF ANY, SHALL BE DIRECTED LIMITED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESHORTEST PERIOD PERMITTED BY LAW.

Appears in 4 contracts

Samples: Master Software License and Subscription Agreement, Master Software License and Subscription Agreement, Master Software License and Subscription Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE DATABASE TO WHICH CUSTOMER IS BEING GIVEN ACCESS IS ACTUALLY A COLLECTION OF DATABASES, operateMANY OF WHICH ARE PROVIDED BY THIRD PARTIES OVER WHOM DataTrax HAS NO CONTROL. THUS, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interactionDATABASE ACCESS IS PROVIDED AS IS. VSTORE DOES NOT WARRANT THAT YOUR USE DataTrax MAKES NO REPRESENTATIONS OR WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, CUSTOMER OR ANY PRODUCT SOLD THROUGH THE NETWORK THIRD PARTY, WITH RESPECT TO SERVICES OR THE STOREFRONTDATA MADE AVAILABLE BY MEANS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTRUTH, MERCHANTABILITY ACCURACY AND / OR CORRECTNESS OF ANY INFORMATION CONTAINED IN SAID DATABASE, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF MERCHANTABILITY OR QUALITY FOR THE ORDINARY PURPOSES FOR WHICH THE DATABASE IS USED, ANY WARRANTIES OF SYSTEM INTEGRATION, AND / OR ANY IMPLIED WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT. DataTrax ASSUMES NO RESPONSIBILITY WITH RESPECT TO ANY USE OF ANY OF THE SERVICES OR DATABASE INFORMATION MADE AVAILABLE BY DataTrax, AND THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY, EFFORT AND UTILITY IS WITH THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT IS IN NO SPECIAL RELATIONSHIP OF RELIANCE UPON DataTrax AND IS NOT RELYING UPON THE ADVICE, JUDGMENT, OR SKILL OF DataTrax EMPLOYEES OR AGENTS IN ENTERING INTO THIS AGREEMENT. THERE IS NO WARRANTY THAT THE DATABASE, OR INFORMATION CONTAINED THEREIN, WILL FULFILL ANY OF CUSTOMER'S PARTICULAR PURPOSES OR NEEDS. CUSTOMER AGREES THAT DataTrax SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA ARISING OUT OF A COURSE THE SUBJECT MATTER OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.THIS AGREEMENT

Appears in 3 contracts

Samples: Agreement, Texas Product Agreement, Texas Product Agreement

Warranty Disclaimer. VSTORE has We have no control over special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the conditions under which Services; what Content you configureaccess via the Services; or how you may interpret or use the Content. We make no representations concerning any Content contained in or accessed through the Services, operateand we will not be responsible or liable for the accuracy, managecopyright compliance, or otherwise use legality of material or interact with Content contained in or accessed through the StorefrontServices. The views and opinions of our hosts and show guests are their own and not necessarily representative of our views and opinions and we assumes no responsibility for the Content, and does not and cannot warrant the results obtained accuracy, or not obtained views of or opinions expressed by such use or interactionhosts. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED WARRANTIES ARISING OUT OF A BY ANY COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE, DEALING, OR TRADE USAGEALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONTWE, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND MAY CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE FUNCTIONAL ON SECURE OR AVAILABLE AT ANY MACHINE PARTICULAR TIME OR IN LOCATION; (II) ANY ENVIRONMENTDEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK YOUR USE OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) SERVICES IS SOLELY AT YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREOWN RISK.

Appears in 3 contracts

Samples: User Agreement for Portalone, User Agreement for Portalone, User Agreement for Portalone

Warranty Disclaimer. VSTORE ‌ You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has no control over the conditions under which you configureresulted from Your choice of equipment from a third party, operatefrom incorrect use by You or any third party or caused by accident, manageabuse, or otherwise use misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or interact with the Storefrontthirty (30) days, and does not and cannot warrant the results obtained or not obtained by such use or interactionwhichever is longer. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH TO THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT, TITLE OR OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES, CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR RESULTING FROM THE FURNISHING, PERFORMANCE, USE OR LOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE FAILURES, AND ANY OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES ARISING OUT WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE LAW OF A COURSE OF PERFORMANCEYOUR JURISDICTION. IF YOU DO HAVE OTHER STATURORY RIGHTS, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT DURATION OF SUCH RIGHTS WILL BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED LIMITED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: Consulting Customer Agreement, Gopro Consulting Customer Agreement

Warranty Disclaimer. VSTORE Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over over, and no duty to take any action regarding: which users gain access to the conditions under which Services; what Content you configure, operate, manageaccess via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or otherwise use direct you to websites containing, information that some people may find offensive or interact with inappropriate. Company makes no representations concerning any content contained in or accessed through the StorefrontServices, and does Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and cannot warrant the results obtained services purchased (whether or not obtained following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by such use a designated third party for a specific product or interactionservice. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALINGNON-INFRINGEMENT, OR TRADE USAGETHAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND ABOVE LIMITATIONS MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY APPLY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREYOU.

Appears in 2 contracts

Samples: Please Read These Terms of Use, robotify-live-83f43e29a3304ac5876d00c85-b2d7ee2.divio-media.net

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. COMPANY DISCLAIMS ALL WARRANTIES, operateBOTH EXPRESS AND IMPLIED, manageINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, or otherwise use or interact with the StorefrontTITLE AND NON-INFRINGEMENT, and does not and cannot warrant the results obtained or not obtained by such use or interactionANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND ANY IMPLIED WARRANTY OF NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. VSTORE COMPANY DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT SERVICE WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS UNINTERRUPTED, THAT ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONTDEFECTS WILL BE CORRECTED, OR WILL MEET CLIENT’S REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY PRODUCT SOLD APPLICATIONS OR CONTENT THAT YOU DOWNLOAD, INSTALL, ACCESS OR USE ON OR THROUGH THE NETWORK OR THE STOREFRONTSERVICE IS DONE SO AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE RESULTING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY WARRANTIES AGAINST INFRINGEMENT YOUR COMPUTERS, SYSTEMS, MOBILE DEVICES OR THOSE OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALINGYOUR USERS, OR TRADE USAGEANY LOSS OR CORRUPTION OF DATA. COMPANY DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY PROVIDERS USING THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS BEING PROVIDED TO YOU AS A TOOL TO USE IN YOUR MEDICAL PRACTICE AND THAT EACH MEDICAL PROVIDER WHO USES THE SERVICE WILL BE SUBJECT TO APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS REGARDING THE PROVISION OF MEDICAL SERVICES. COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND THAT THE SERVICE WILL SATISFY ANY STATE OR FEDERAL REQUIREMENTS FOR THE PROVISION OF MEDICAL SERVICES. EACH END USER IS RESPONSIBLE FOR ENSURING THAT HE OR SHE USES THE SERVICE IN COMPLIANCE WITH SUCH LAWS AND REGULATIONS. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY TREATMENT RESPONSE FROM ANY PROVIDER USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE NETWORKCOMPANY DOES NOT PROVIDE MEDICAL ADVICE, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCTDIAGNOSIS, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO TREATMENT, BUT STRICTLY PROVIDES A TECHNOLOGY PLATFORM AND INFRASTRUCTURE FOR PROVIDING HEALTH ASSESSMENTS FOR MEDICAL PROVIDERS THROUGH THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESERVICE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. VSTORE has no control over You understand that the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, Pre-Release Software is a pre-release version provided “AS-IS” and does not represent a final product from Intuit. You also understands that the Pre-Release Software may contain, errors, “bugs” and cannot warrant other problems which may result in system failure or failure in the results obtained use of the Pre-Release Software or not obtained by such use or interactionloss of data. VSTORE DOES NOT WARRANT THAT YOUR USE INTUIT DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECUREANY KIND. VSTORE DISCLAIMS ALL WARRANTIESNEITHER INTUIT NOR ANY PARTICIPATING FINANCIAL INSTITUTION, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONTANY INTUIT AFFILIATE, OR ANY PRODUCT SOLD THROUGH THIRD PARTY SERVICE OR DATA PROVIDER, LICENSORS OR DISTRIBUTORS ("REPRESENTATIVES") MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND FOR THE NETWORK OR THE STOREFRONT, PRE-RELEASE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSPRE-RELEASE PERFORMANCE, MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND SECURITY OR NON-INFRINGEMENT. IN NO EVENT WILL INTUIT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCEITS REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) CONSEQUENTIAL, DEALINGINCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR TRADE USAGEEXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST OR DAMAGED DATA, OTHER ECONOMIC OR COMMERCIAL LOSS UNDER ANY LEGAL THEORY, EVEN IF INTUIT OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) FOR ANY CLAIM BY ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE NETWORK, ENTIRE RISK AS TO THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, QUALITY AND PERFORMANCE OF THE NETWORK PRE-RELEASE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER SO PARTS OF THE PRODUCT, AND ABOVE LIMITATION MAY NOT APPLY TO VSTOREYOU.

Appears in 2 contracts

Samples: Pre Release Software Agreement, Non Disclosure Agreement

Warranty Disclaimer. VSTORE M-Prep Inc has no special relationship with or fiduciary duty to you. You acknowledge that M-Prep Inc has no control over over, and no duty to take any action regarding: which users gains access to the conditions under which Services; what Content you configure, operate, manageaccesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release M-Prep Inc from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or otherwise use direct you to websites containing, information that some people may find offensive or interact with inappropriate. M-Prep Inc makes no representations concerning any content contained in or accessed through the StorefrontServices, and does M-Prep Inc will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. M-Prep Inc makes no representations or warranties regarding suggestions or recommendations of services or products (including Third Party Software provided by publishers) offered or purchased through the Services. Products and cannot warrant the results obtained services purchased or offered (whether or not obtained following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from M-Prep Inc or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by such use or interactiona designated third party for a specific product. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALINGNON-INFRINGEMENT, OR TRADE USAGETHAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND ABOVE LIMITATIONS MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY APPLY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREYOU.

Appears in 2 contracts

Samples: enezaeducation.com, enezaeducation.com

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureNEITHER PROJECT DATA SPHERE NOR ANY OF ITS LICENSORS OF TECHNOLOGY OR DATA, operateNOR ITS HOSTING PLATFORM PROVIDER MAKES ANY WARRANTY, manageEXPRESS, or otherwise use or interact with the StorefrontIMPLIED OR STATUTORY, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH REGARDING THE NETWORK DATABASE, THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE STOREFRONT WILL BE UNINTERRUPTED PLATFORM. PROJECT DATA SPHERE (ON BEHALF OF ITSELF, EACH LICENSOR OF TECHNOLOGY OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DATA AND ITS HOSTING PLATFORM PROVIDER) SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING WARRANTIES WITH RESPECT TO THE NETWORKDATA, THE STOREFRONTCOMMUNITY TOOLS, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR USER CONTRIBUTIONS AND THE STOREFRONTPLATFORM, INCLUDING, BUT NOT LIMITED TO ANY INCLUDING THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND ANY IMPLIED WARRANTIES ARISING OUT AS A RESULT OF A CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF PERFORMANCEDEALING. PROJECT DATA SPHERE, DEALINGITS LICENSORS OF TECHNOLOGY OR DATA AND ITS HOSTING PLATFORM PROVIDER DO NOT GUARANTEE THAT THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE DATA OR THE USER CONTRIBUTIONS ARE ACCURATE, CURRENT, OR TRADE USAGECOMPLETE. YOU ACKNOWLEDGE THAT THE NETWORKDATA, THE STOREFRONTCOMMUNITY TOOLS, THE USER CONTRIBUTIONS AND ALL COMPONENT PARTS THEREOF THE PLATFORM ARE PROVIDED "AS IS" ,” AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK YOUR USE OF THE USEDATA, QUALITYTHE COMMUNITY TOOLS, AND PERFORMANCE OF THE NETWORK USER CONTRIBUTIONS AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) PLATFORM IS AT YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESOLE RISK.

Appears in 2 contracts

Samples: Research Platform Agreement, Data Sharing Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES THE PRODUCT MAY (A) HAVE LIMITED FEATURES; (B) FUNCTION FOR A LIMITED PERIOD OF TIME; OR (C) HAVE OTHER LIMITATIONS NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION CONTAINED IN A COMMERCIAL VERSION OF THE NETWORK OR PRODUCT. THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS PRODUCT IS PROVIDED “AS IS" AND XEROX, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE NETWORKINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. XEROX, ITS AFFILIATES, SUPPLIERS AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, RESELLERS MAKE NO WARRANTY OR TRADE USAGE. YOU ACKNOWLEDGE REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER USE OF THE PRODUCT, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODICT OR THAT THE PRODUCT WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER RESULTING FROM THE USE OF THE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH CUSTOMER. XEROX DOES NOT TO VSTOREASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. XEROX CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. XEROX MAKES NO WARRANTIES OR REPRESENATIONS CONCERNING THE PRICING OR FUTURE AVAILABILITY, IF ANY, OF THE PRODUCT.

Appears in 1 contract

Samples: Trial Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureCOMPANY PROVIDES THE SERVICE, operateINFORMATION, manageMATERIALS, or otherwise use or interact with the StorefrontAND/OR DATA (COLLECTIVELY, and does not and cannot warrant the results obtained or not obtained by such use or interaction“INFORMATION”) CONTAINED THEREIN FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. VSTORE WE DO NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS, CURRENCY, OR SUITABILITY OF ANY INFORMATION AVAILABLE MADE THROUGH THE SERVICE. COMPANY DOES NOT WARRANT PROVIDE ANY FINANCIAL ADVICE ON THE SERVICE, AND THE INFORMATION SHOULD NOT BE SO CONSTRUED OR USED. COMPANY AND ITS EMPLOYEES ARE NOT LICENSED CERTIFIED FINANCIAL PLANNERS. USING, ACCESSING, AND/OR BROWSING THE SERVICE AND/OR PROVIDING PERSONAL OR FINANCIAL INFORMATION TO COMPANY DOES NOT CREATE A FINANCIAL ADVISOR-CLIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND COMPANY. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CREATE A FINANCIAL ADVISOR-CLIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP TO REPLACE THE SERVICES OF A LICENSED/CERTIFIED, TRAINED FINANCIAL PROFESSIONAL, OR TO BE A SUBSTITUTE FOR FINANCIAL ADVICE OF A FINANCIAL PROFESSIONAL LICENSED/CERTIFIED IN YOUR STATE/JURISDICTION. YOU SHOULD NOT RELY ON ANYTHING CONTAINED IN THE SERVICE, AND YOU SHOULD CONSULT A FINANCIAL PROFESSIONAL LICENSED/CERTIFIED IN YOUR STATE/JURISDICTION IN ALL MATTERS RELATING TO YOUR FINANCES. YOU HEREBY AGREE THAT YOUR YOU SHALL NOT MAKE ANY FINANCE RELATED DECISION BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE USE OF, OR INTERACTION INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER ON OR OFF THE SERVICE. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON. YOU AGREE THAT YOU WILL NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY TO OTHER MEMBERS VIA THE SERVICE. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT: (1) THE CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION FINANCIAL PLANS, FINANCIAL LITERACY VIDEOS, AND OTHER SIMILAR CONTENT, IS FOR INFORMATIONAL, PERSONAL, AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A QUALIFIED FINANCIAL PROFESSIONAL; (2) COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER OR NOT PROVIDED BY OR ON BEHALF OF COMPANY, (B) SPECIFIC RESULTS FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE ACHIEVEMENT OF ANY FINANCIAL GOALS, AND (C) ANY ADVISORS YOU INTERACT WITH THROUGH OR IN CONNECTION WITH THE NETWORK SERVICE, INCLUDING WITHOUT LIMITATION THEIR QUALITY, EXPERTISE, EDUCATION OR LEVEL OF CERTIFICATIONS; (3) YOUR INTERACTIONS WITH ADVISORS THROUGH THE STOREFRONT WILL BE UNINTERRUPTED SERVICE OR OTHERWISE ARE AT YOUR SOLE DISCRETION AND RISK; AND (4) PARTICIPATION IN A FINANCIAL PROGRAM OR USE OF ANY FINANCIAL PRODUCTS OR SERVICES CAN CAUSE FINANCIAL INJURY OR OTHER HARM, AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR OTHERWISE WITH RESPECT TO YOUR PARTICIPATION IN THE SERVICE ESTABLISHES ANY RELATIONSHIP BETWEEN YOU AND ANY ADVISOR, OR ENTITLES YOU TO USE THE RESOURCES OF ANY ADVISOR BEYOND PARTICIPATION IN THE SERVICE. NEVER DISREGARD PROFESSIONAL FINANCIAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICE. NEVER CHANGE OR STOP THE COURSE OF ANY FINANCIAL PLAN OR OTHERWISE MAKE ANY DECISIONS OR TAKE ANY ACTIONS THAT MAY AFFECT YOUR FINANCIAL WELLBEING WITHOUT FIRST CONSULTING A QUALIFIED FINANCIAL PROFESSIONAL. ALWAYS CONSULT WITH A QUALIFIED FINANCIAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR FINANCIAL CONDITION. TO THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, RELATING TO THE NETWORK, THE STOREFRONTSTATUTORY, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTOTHERWISE, INCLUDING, BUT NOT LIMITED WITHOUT LIMITATION, THOSE RELATED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES THOSE ARISING OUT OF A COURSE OF PERFORMANCEDEALING OR USAGE OF TRADE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEALINGCOMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR TRADE USAGETHE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICE LINKED TO OR INTEGRATED WITH OUR SERVICE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY WE DO NOT BE FUNCTIONAL ON ANY MACHINE REPRESENT OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.WARRANT THAT

Appears in 1 contract

Samples: www.knomeeapp.com

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureCHAPEL COMMUNICATIONS’S LIABILITY TO YOU FOR ANY ACTUAL LOSS, operateDAMAGE OR EXPENSE ARISING OUT OF OR RELATED TO MISTAKES, manageOMISSIONS, or otherwise use or interact with the StorefrontINTERUPTIONS, and does not and cannot warrant the results obtained or not obtained by such use or interactionDELAYS, ERRORS OR OTHER DEFECTS IN SERVICE DURING ANY PERIOD SHALL NOT EXCEED THE COMPANY’S CHARGES TO YOU DURING SUCH PERIOD. VSTORE DOES NOT WARRANT THAT YOUR IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER TORT, CONTRACT OR OTHER LEGAL THEORY FOR LOST BUSINESS, PROFITS OF REVENUES, DAMAGE, ACCIDENT, INJURY OF PERSON OF PROPERTY OF ANY OTHER LOSS, DAMAGE OF EXPENSE, INCLUDING ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING FORM THE USE OF THE EQUIPMENT, THE SERVICE OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OTHER ACTIONS OF THE COMPANY, WHATSOEVER. YOU ACKNOWLEDGE THAT, WITH RESPECT TO ANY EQUIPMENT, THE COMPANY’S NETWORK OF ANY SERVICE PROVIDED THEREBY, CHAPEL COMMUNICATIONS HAS MADE AND MAKES NO REPRESENTATION OR THE STOREFRONT WILL BE ERROR-FREE WARRANTIES OF ANY KIND OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESNATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED AS TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMATTER WHATSOEVER, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USEINCLUDING SUITABILITY, QUALITY, AND PERFORMANCE MERCHANTABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE. You agree to indemnify, defend and hold Chapel Communications and its affiliates, officers, directors and employees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, expenses and reasonable fees of legal counsel arising from or in connection with any use of this service. YOUR SIGNATURE BELOW INDICATES YOUR ACCEPTANCE OF THE NETWORK AND THE STOREFRONTTERMS OF THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR BUSINESS CLASS SERVICE LEVEL Check service Level to Left and Circle Monthly Price This pricing only applies if your base Phone Service is through Bellsouth Check Select Service Service Plan Minimum Service Period First Year Promotional Rate 1536K x 256K 1 year $69.95 Monthly 3000K x 384K 1 year $82.95 Monthly Activation Fee (AIncludes DSL modem) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE._$149.95 PRINT CUSTOMER NAME SERVICE PHONE NUMBER This is the number DSL will be assigned to Business Class Service Agreement for Bellsouth Territory Rev. 2006-04 Definitions:

Appears in 1 contract

Samples: Business Class Service Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureData Resolve WARRANTS THAT IT HOLDS ALL RIGHT, operateTITLE AND INTEREST IN AND TO inDefend OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE inDefend TO YOU ON THE TERMS CONTAINED HEREIN. Data Resolve WARRANTS THAT inDefend, manageWHEN IT IS DELIVERED TO YOU, or otherwise use or interact with the StorefrontIS FREE OF VIRUSES, and does not and cannot warrant the results obtained or not obtained by such use or interactionTROJAN HORSES, WORMS AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. VSTORE DOES NOT WARRANT THAT THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. inDefend IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURESOFTWARE IS AT YOUR SOLE RISK. VSTORE Data Resolve EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL WARRANTIESOTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY INCLUDING WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT inDefend WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF inDefend WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ERRORS IN inDefend , AND ANY IMPLIED WARRANTIES IF ANY, WILL BE CORRECTED. Data Resolve’s ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF A COURSE OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF PERFORMANCE, DEALING, OR TRADE USAGEinDefend. YOU ACKNOWLEDGE THAT inDefend‘s FAILURE TO PERFORM IN ACCORDANCE WITH THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY SPECIFICATIONS SHALL NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK CONSIDERED A FAILURE OF THE USE, QUALITY, AND PERFORMANCE ESSENTIAL PURPOSE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED WARRANTIES CONTAINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.

Appears in 1 contract

Samples: www.dataresolve.com

Warranty Disclaimer. VSTORE Vidigami has no special relationship with or fiduciary duty to you. You acknowledge that Vidigami has no control over over, and no duty to take any action regarding: which users gains access to the conditions under which System; what Content you configure, operate, manageaccess via the System; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Vidigami from all liability for you having acquired or not acquired Content through the System. The System may contain, or otherwise use direct you to websites containing, information that some people may find offensive or interact with inappropriate. Vidigami makes no representations concerning any content contained in or accessed through the StorefrontSystem, and does Vidigami will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the System. Vidigami makes no representations or warranties regarding suggestions or recommendations of System or products offered or purchased through the System. Products and cannot warrant the results obtained System purchased or offered (whether or not obtained following such recommendations and suggestions) through the System are provided “AS IS” without any warranty of any kind from Vidigami or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by such use or interactiona designated third party for a specific product. VSTORE DOES NOT WARRANT THAT USE THIS SYSTEM AT YOUR USE OWN RISK. THE SYSTEM, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALINGNON-INFRINGEMENT, OR TRADE USAGETHAT USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND ABOVE LIMITATIONS MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY APPLY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREYOU.

Appears in 1 contract

Samples: Download Document

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR CUSTOMER ACKNOWLEDGES THAT THE OPERATION EQUIPMENT IS PROVIDED HEREUNDER ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF THE NETWORK ANY KIND, AND ALL EXPRESS, IMPLIED OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIEDCONDITIONS, RELATING TO THE NETWORKREPRESENTATIONS, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY TO, THE CONDITION OF THE EQUIPMENT, THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTITLE, MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND ANY IMPLIED WARRANTIES NONINFRINGEMENT OR WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, COURSE OF DEALING OR USAGE OR TRADE USAGEARE EXCLUDED BY CUREMD. YOU ACKNOWLEDGE CUREMD DOES NOT WARRANT THAT THE NETWORK, SYSTEMS OR EQUIPMENT WILL MEET THE STOREFRONT, REQUIREMENTS OF ANY PERSON AND OPERATE ON AN UNINTERRUPTED OR ERROR -FREE BASIS. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE EQUIPMENT AND MAY NOT BE FUNCTIONAL ON ANY MACHINE / OR IN ANY ENVIRONMENTSYSTEM OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. YOU ASSUME ALL RISK OF THE USEADDITIONALLY, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS CUREMD MAKES NO RESPONSIBILITY REPRESENTATIONS OR WARRANTIES CONCERNING CUSTOMER'S REIMBURSEMENT FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREPROCEDURES.

Appears in 1 contract

Samples: Rental Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTO THE FULL EXTENT ALLOWED BY LAW, operateTHE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF TERMS OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE NETWORKEITHER IN FACT OR BY OPERATION OF LAW, THE STOREFRONT, STATUTORY OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTOTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT AND QUIET ENJOYMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXPANDER NEITHER ASSUMES NOR AUTHORIZES ANY IMPLIED WARRANTIES OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THIS PRODUCT. EXPANDER SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD. WARRANTY CLAIM In the event of a warranty claim, the Customer shall first contact the seller (if purchased through an authorized reseller) or Expander (if purchased directly) to obtain a warranty claim number. All warranty claims must be made in writing to Expander within 30 days after the defect has been detected and at the latest 14 days from the expiration of the warranty. Dated proof of purchase from Expander or its reseller may be required at the time of a warranty claim. Expander will provide technical support to their authorized resellers and determine in consultation with them if the warranty claim falls within the extent of the warranty. Expander reserves the right to require from the Customer a written report on the warranty claim and that the Customer return the defective part at its own expense. It is recommended that returned products be insured and sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Expander until the returned products are received by Expander. Once received, Expander will retain risk of loss or damage until either the products are returned, or a replacement product is delivered, to the Customer. The allocation of responsibility for loss or damage stated shall be subject to any mandatory legal requirements. LIMITATION OF LIABILITY TO THE FULL EXTENT ALLOWED BY LAW, EXPANDER ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF A COURSE OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, DEALINGFAILURE, OR TRADE USAGE. YOU ACKNOWLEDGE THAT INTERRUPTION OF ITS PRODUCTS, EVEN IF EXPANDER OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE NETWORK, THE STOREFRONTPOSSIBILITY OF SUCH DAMAGES, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USELIMITS ITS LIABILITY TO REPAIR, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY REPLACEMENT TO PURCHASE) ANY AN EQUIVALENT PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER REFUND OF THE PRODUCTPURCHASE PRICE PAID, AND AT EXPANDER'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT TO VSTORE.BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied or the limitation of liability for death or personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law. GOVERNING LAW

Appears in 1 contract

Samples: www.nord-lock.com.cn

Warranty Disclaimer. VSTORE XXXXX has no special relationship with or fiduciary duty to you. You acknowledge that XXXXX has no control over over, and no duty to take any action regarding: which users gain access to the conditions under which Services; what Results you configuremay obtain via the Services; what effects the Content may have on you; how you may interpret or use the Results; or what actions you may take as a result of having been exposed to the Content. You release MAXMA from all liability for your having acquired or not acquired Content and Results through the Services. MAXMA does not manage or control any business or individual that you may interact with through the Services, operate, manageand MAXMA accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against MAXMA with respect to acts and omissions by such entities. The Services may contain, or otherwise use direct you to sites containing, information that some people may find offensive or interact with inappropriate. MAXMA makes no representations concerning any content contained in or accessed through the StorefrontServices, and does MAXMA will not and cannot warrant be responsible or liable for the results obtained accuracy, copyright compliance, legality or not obtained by such use decency of material contained in or interactionaccessed through the Services. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES, CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, MAXMA DISCLAIMS ANY IMPLIED WARRANTIES ARISING OUT LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF A COURSE OF PERFORMANCETHE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY XXXXX IS NOT BE FUNCTIONAL ON RESPONSIBLE OR LIABLE FOR ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK HARM RESULTING FROM (1) USE OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.SERVICES;

Appears in 1 contract

Samples: Maxma Terms Of

Warranty Disclaimer. VSTORE Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over over, and no duty to take any action regarding: which users gains access to the conditions under which Site; what Content you configure, operate, manageaccess via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or otherwise use direct you to websites containing, information that some people may find offensive or interact with inappropriate. Company makes no representations concerning any Content contained in or accessed through the StorefrontSite, and does Company will not and cannot warrant be responsible or liable for the results obtained accuracy, copyright compliance, legality or not obtained by such use decency of material contained in or interactionaccessed through the Site. VSTORE DOES NOT WARRANT THAT YOUR USE THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EXPRESS OR IMPLIED, RELATING TO INCLUDING THE NETWORKIMPLIED WARRANTIES OF TITLE, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED WARRANTIES ARISING OUT OF A BY ANY COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE, DEALING, OR TRADE USAGEALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONTCOMPANY, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY ITS RELATED ENTITIES, DO NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PRODUCT, PARTICULAR TIME OR LOCATION; (B) THE PURCHASE OF (ANY DEFECTS OR INABILITY TO PURCHASE) ANY PRODUCT, OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREONREQUIREMENTS. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER YOUR USE OF THE PRODUCTSITE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO VSTOREYOU.

Appears in 1 contract

Samples: These Terms And

Warranty Disclaimer. VSTORE has We have no control over special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the conditions under which Services; what Content you configureaccess via the Services; or how you may interpret or use the Content. We make no representations concerning any Content contained in or accessed through the Services, operateand we will not be responsible or liable for the accuracy, managecopyright compliance, or otherwise use legality of material or interact with Content contained in or accessed through the StorefrontServices. The views and opinions of our hosts and show guests are their own and not necessarily representative of our views and opinions and we assume no responsibility for the Content, and does not and cannot warrant the results obtained accuracy, or not obtained views of or opinions expressed by such use or interactionhosts. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED WARRANTIES ARISING OUT OF A BY ANY COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE, DEALING, OR TRADE USAGEALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONTWE, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND MAY CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE FUNCTIONAL ON SECURE OR AVAILABLE AT ANY MACHINE PARTICULAR TIME OR IN LOCATION; (II) ANY ENVIRONMENTDEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK YOUR USE OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) SERVICES IS SOLELY AT YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREOWN RISK.

Appears in 1 contract

Samples: User Agreement for Portalone

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE PARTIES ACKNOWLEDGE AND AGREE THAT, operateEXCEPT AS EXPRESSLY PROVIDED IN ANY APPLICABLE ALLIED LIMITED WARRANTY, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH NO PARTY IS PROVIDING TO THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIES, OTHER PARTY AN EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR IMPLIED WARRANTY OF ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTKIND AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER INCLUDES, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKBUT IS NOT LIMITED TO, THE STOREFRONTQUALITY, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITYWORKSMANSHIP, AND PERFORMANCE OF THE NETWORK ANY ELIGIBLE EQUIPMENT OR COVERED EQUIPMENT. PART FIVE – DISPUTE RESOLUTION **PLEASE READ THIS SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY ALLIED TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT ARBITRATE ALL DISPUTES (AS DEFINED HEREINBELOW) THAT HAVE ARISEN OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO MAY ARISE BETWEEN THE MANUFACTURER OR SUPPLIER OF THE PRODUCTPARTIES ON AN INDIVIDUAL BASIS** MANDATORY ARBITRATION – You and ALLIED agree that all Disputes must be resolved exclusively through final and binding arbitration, AND NOT TO VSTORE.and not by a court or jury; however, You or ALLIED may assert claims in small claims court if: (i) the claims qualify for small claims court,

Appears in 1 contract

Samples: Program Terms and Conditions

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND FONESOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. FONESOFT 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 TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES ARISING OUT WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT FONESOFT CANNOT DISCLAIM ANY SUCH WARRANTY AS A COURSE MATTER OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKAPPLICABLE LAW, THE STOREFRONTSCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. General Terms You authorize us to collect any payment owed by you hereunder from your payment method, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENTas provided in your FoneSoft Office Plan Purchase Agreement. YOU ASSUME ALL RISK OF THE USEThis Rental Agreement, QUALITYwhich is subject to and incorporates by reference the FoneSoft® Office Plan Purchase Agreement constitutes the complete, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONTfinal, and exclusive embodiment of the entire agreement between you and the Company regarding the Rental Services. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCTIn signing the Agreement, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCTthe undersigned represents to FoneSoft that the undersigned has full power and authority to perform all of its obligations hereunder. This Rental Agreement is the binding obligation of the undersigned, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREONenforceable against the undersigned in accordance with its terms. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCTFoneSoft may, AND NOT TO VSTOREin its discretion, update or change the terms and conditions of this Rental Agreement, and the version of this Rental Agreement applicable to each Rental Device, is the version of this Rental Agreement then in effect at the start of the rental for that Rental Device, including the start of the rental for an upgrade Rental Device. This Phone Rental/Lease Program is offered and available to United States residents only.

Appears in 1 contract

Samples: Rental Agreement

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Warranty Disclaimer. VSTORE You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has no control over the conditions under which you configureresulted from Your choice of equipment from a third party, operatefrom incorrect use by You or any third party or caused by accident, manageabuse, or otherwise use misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or interact with the Storefrontthirty (30) days, and does not and cannot warrant the results obtained or not obtained by such use or interactionwhichever is longer. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH TO THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSNON- INFRINGEMENT, TITLE OR OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES, CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR RESULTING FROM THE FURNISHING, PERFORMANCE, USE OR LOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE FAILURES, AND ANY OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES ARISING OUT WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE LAW OF A COURSE OF PERFORMANCEYOUR JURISDICTION. IF YOU DO HAVE OTHER STATURORY RIGHTS, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT DURATION OF SUCH RIGHTS WILL BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED LIMITED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Consulting Customer Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHIS SECTION 5 IS A LIMITED WARRANTY AND, operateEXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interactionTHE PRODUCTS AND SUPPORT ARE PROVIDED “AS IS”. VSTORE CLOUDBEES DOES NOT WARRANT THAT YOUR USE OF THE PRODUCTS AND SUPPORT FURNISHED OR INTERACTION WITH THE NETWORK OR THE STOREFRONT PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL BE OPERATE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT THEY WILL BE ERROR-FREE FROM DEFECTS OR SECURETHAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. VSTORE DISCLAIMS ALL NEITHER CLOUDBEES NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORKSTATUTORY OR OTHERWISE, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCEHIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, DEALINGWITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR TRADE USAGE. YOU ACKNOWLEDGE LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT THE NETWORK, THE STOREFRONT, CLOUDBEES MAKES NO WARRANTY AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK USE OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREPRODUCTS IN SUCH SITUATIONS.

Appears in 1 contract

Samples: License and Services Agreement Addendum

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTO THE FULLEST EXTENT PERMITTED BY LAW, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOU HEREBY WAIVE ANY AND ALL CLAIMS AND LOSSES AGAINST US RELATING TO OR ARISING FROM YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION RENTAL OF THE NETWORK EQUIPMENT OR OUR PERFORMANCE UNDER THE STOREFRONT WILL BE ERROR-FREE THIS AGREEMENT OR SECURE. VSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTRENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR PROPERTY, PAVEMENT, BUILDINGS, STRUCTURES, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, FENCING, LOW HANGING WIRES, MAILBOX, ROOTS, BRANCHES, LAWN, XXXXX, IRRIGATION SYSTEMS, SEPTIC SYTEMS, BASEMENTS, FOOTINGS OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN, ON, OR AROUND YOUR PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR PROPERTY FROM LEAKS OR STAINS RELATING TO YOUR USE OF THE RENTED EQUIPMENT. OUR EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND WE MAKE NO WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTO YOU, MERCHANTABILITY AND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKEQUIPMENT WILL MEET YOUR REQUIREMENTS. SANDWICH LOADS AND MIXED LOADS – Loads are considered mixed when contents must be disposed of at different Facilities or a Facility requires the load to be sorted before they will accept it. Trash and construction debris must be dumped at separate Facilities, THE STOREFRONTso these loads cannot be mixed. Attempting to dump debris at an incorrect facility may result in fines or penalties which will be passed on to You. If You attempt to conceal a mixed load, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENTit will result in You being charged all costs to rectify the situation, plus any fines and fees incurred. YOU ASSUME ALL RISK OF THE USEWe reserve the right to reject any load. CLEAN UP – We will not be held responsible for any debris on the ground or in the immediate vicinity of Our Equipment, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONTexcept for debris which has been properly deposited in Our Equipment. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREONWe will not be responsible for any debris that falls on the ground or on any part of Your property as a result of the removal of Our Equipment. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREDebris or materials that fall on the ground as a result of normal removal means that it was not properly deposited in Our Equipment.

Appears in 1 contract

Samples: Services Rendered

Warranty Disclaimer. VSTORE You acknowledge that Xxxxxx has no control over over, and no duty to take any action regarding: which Users gain access to the conditions under which Waylay Software; what Content you configure, operate, manageaccess via the Waylay Software; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Waylay from all liability for you having acquired or not acquired Content through the Waylay Software. The Waylay Software may contain, or otherwise use direct you to websites or interact with applications containing information that some people may find offensive or inappropriate. Waylay makes no representations concerning any Content contained in or accessed through the StorefrontWaylay Software, and does Waylay will not and cannot warrant be responsible or liable for the results obtained accuracy, copyright compliance, legality or not obtained by such use decency of material contained in or interactionaccessed through the Waylay Software. VSTORE DOES NOT WARRANT THAT YOUR USE Waylay makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Waylay Software. THE WAYLAY SOFTWARE, WAYLAY CONTENT AND WAYLAY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALINGNON-INFRINGEMENT, OR TRADE USAGETHAT USE OF THE WAYLAY SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOU ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WAYLAY OR THROUGH THE NETWORKWAYLAY WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND ABOVE LIMITATIONS MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY APPLY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREYOU.

Appears in 1 contract

Samples: static.waylay.io

Warranty Disclaimer. VSTORE Versitell has no special relationship with or fiduciary duty to you. You acknowledge that Versitell has no control over over, and no duty to take any action regarding: which users gain access to the conditions under which Site or Services; what Content you configure, operate, manageaccess via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Versitell from all liability for your having acquired or not acquired Content through the Site. The Site or Services may contain, or otherwise use direct you to sites containing, information that some people may find offensive or interact with inappropriate. Versitell makes no representations concerning any content contained in or accessed through the StorefrontSite or Services, and does Versitell will not and cannot warrant be responsible or liable for the results obtained accuracy, copyright compliance, legality or not obtained by such use decency of material contained in or interactionaccessed through the Site. VSTORE DOES NOT WARRANT THAT YOUR USE THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSMERCHANTABILITY, MERCHANTABILITY AND TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, VERSITELL DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THE SITE AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCETHE SERVICES, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY VERSITELL IS NOT BE FUNCTIONAL ON RESPONSIBLE OR LIABLE FOR ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK HARM RESULTING FROM (1) USE OF THE USE, QUALITY, AND PERFORMANCE OF SITE OR SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (SITE OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.SERVICES;

Appears in 1 contract

Samples: www.readywarn.com

Warranty Disclaimer. VSTORE has MedSpace controls and operates the Platform from various locations and makes no control over representation that the conditions under which you configurePlatform is appropriate or available for use in all locations. The Platform or certain features of it may not be available in your location or may vary across locations. THE PLATFORM IS PROVIDED “AS IS”, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIESANY KIND, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED WARRANTIES ARISING OUT OF A BY ANY COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE, DEALINGALL OF WHICH ARE EXPRESSLY DISCLAIMED, OR TRADE USAGESAVE TO THE EXTENT REQUIRED BY LAW. YOU ACKNOWLEDGE THAT THE NETWORKM E D S PA C E , THE STOREFRONTA N D I T S D I R E C T O R S , E M P L O Y E E S , A G E N T S , REPRESENTATIVES, SUPPLIERS, PARTNERS AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY CONTENT PROVIDERS DO NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PRODUCT, PARTICULAR TIME OR LOCATION; (B) THE PURCHASE OF (ANY DEFECTS OR INABILITY TO PURCHASE) ANY PRODUCT, OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR CONTENT REQUIREMENTS; OR (AS DEFINED HEREINE) THE ACCURACY, RELIABILITY OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER COMPLETENESS OF THE PRODUCTCONTENT, AND TEXT, IMAGES, SOFTWARE, GRAPHICS OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO VSTOREYOU.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE SERVICE AND CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, operateWITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, RELATING TO THE NETWORKSTATUTORY OR OTHERWISE, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, AND OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY IMPLIED WARRANTIES CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (USE OR INABILITY TO PURCHASE) ANY PRODUCTUSE THE CLIENT SOFTWARE OR THE SERVICE, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER EVEN IF COMPANY HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY 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 USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO VSTORE.YOU. INDEMNIFICATION: You agree that You will be responsible for Your use of the Service and any Client Software, and You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) Your access to, use of, or alleged use of the Service; (b) Your violation of the MSA, this Schedule or any representation, warranty, or agreements referenced herein, or any applicable

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE ENVERUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, ORAL, IMPLIED, RELATING TO THE NETWORK, THE STOREFRONTSTATUTORY, OR OTHERWISE, INCLUDING ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT BY VIRTUE OF A CUSTOM OF TRADE OR COURSE OF PERFORMANCEDEALING. ENVERUS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET REQUIREMENTS OR THAT THEY ARE SUITABLE FOR NEEDS OR THAT THE DATA OR RESULTS ARE CORRECT, DEALINGACCURATE, TIMELY, COMPLETE, SUITABLE, OR TRADE USAGERELIABLE. YOU ACKNOWLEDGE THAT THE NETWORKPROPRIETARY DATA IS COMPILED FROM SOURCES BEYOND ENVERUS CONTROL AND ERRORS, THE STOREFRONTGAPS, AND ALL COMPONENT PARTS THEREOF INACCURACIES MAY EXIST. THE PRODUCTS AND PROPRIETARY DATA ARE PROVIDED "ON AN “AS IS" AND MAY NOT BE FUNCTIONAL ON , WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY MACHINE OR IN ANY ENVIRONMENTKIND. YOU ASSUME CUSTOMER ASSUMES ALL RISK OF ERRORS AND OMISSIONS IN THE USEPRODUCTS AND PROPRIETARY DATA. CUSTOMER SHALL IMPLEMENT SUFFICIENT PROCEDURES AND CHECKS TO SATISFY ITS REQUIREMENTS FOR ACCURACY AND SUITABILITY AND MAINTAIN MEANS FOR THE RECONSTRUCTION OF LOST DATA. THE PRODUCTS ARE A SUPPLEMENT TO, QUALITYNOT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND PERFORMANCE JUDGMENT OF PROFESSIONALS. CUSTOMER ACCEPTS ALL RISKS IN ITS USE OF THE NETWORK AND PRODUCTS INCLUDING BUT NOT LIMITED TO ANY INVESTMENT, ACQUISITION, DRILLING, WELL TREATMENT, PRODUCTION OR FINANCIAL DECISIONS. NO INFORMATION OBTAINED THROUGH USE OF THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCTPRODUCTS SHALL CONSTITUTE TRADING ADVICE, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCTTRADING RECOMMENDATIONS, OR (C) YOUR CONTENT (AS DEFINED HEREIN) TRADING INFORMATION. LOCAL SOFTWARE MAY INCLUDE THIRD- PARTY COMMERCIAL SOFTWARE LICENSED BY ENVERUS AND SUBLICENSED TO CUSTOMER. LOCAL SOFTWARE MAY ALSO INCLUDE OR BE DISTRIBUTED WITH OPEN SOURCE SOFTWARE. THESE DISCLAIMERS SHALL APPLY REGARDLESS OF ANY THIRD PARTY'S RELIANCE THEREONFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER SOME OF THE PRODUCT, AND ABOVE MAY NOT TO VSTOREAPPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

Appears in 1 contract

Samples: Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE SOFTWARE EXTENSION, operateTHE DOCUMENTATION, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interactionAND ANY SUPPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. VSTORE DOES NOT WARRANT YOU AGREE THAT YOUR USE OF THE SOFTWARE EXTENSION, THE DOCUMENTATION, AND ANY SUPPORT IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR INTERACTION WITH OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANK OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS AMERICA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING WITH RESPECT TO THE NETWORKSOFTWARE EXTENSION, THE STOREFRONTDOCUMENTATION, OR AND ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONTSUPPORT, INCLUDINGINCLUDING ALL WARRANTIES OF MERCHANTABILITY, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING THAT MAY ARISE OUT OF A COURSE OF PERFORMANCE, DEALINGCOURSE OF DEALING OR USAGE OF TRADE. NEITHER BANK OF AMERICA NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SOFTWARE EXTENSION, THE DOCUMENTATION, AND ANY SUPPORT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKSOFTWARE EXTENSION, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCTDOCUMENTATION, OR (C) YOUR CONTENT (AS DEFINED HEREIN) ANY SUPPORT WILL OPERATE ERROR FREE, OR THAT THE SOFTWARE EXTENSION, DOCUMENTATION, OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT SUPPORT IS COMPATIBLE WITH ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREPARTICULAR OPERATING SYSTEM.

Appears in 1 contract

Samples: Software Enterprise License Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureUNLESS OTHERWISE AGREED IN A MORE SPECIFIC AGREEMENT BETWEEN YOU AND CROSSTX, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE CROSSTX DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR PROMISE THAT THE OPERATION OF THE NETWORK PLATFORM OR THE STOREFRONT SERVICES WILL BE ERROR-FREE OR SECUREUNINTERRUPTED, OR THAT THE PLATFORM WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR INFORMATION ON IT. VSTORE THE PLATFORM AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE PLATFORM, YOU DO SO AT YOUR OWN RISK. CROSSTX DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM CROSSTX SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. CROSSTX DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR INCLUDING ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCECONTENT, DEALINGCOMPLETENESS, OR TRADE USAGELEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU ACKNOWLEDGE EXPRESSLY AGREE THAT THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK USE OF THE USE, QUALITY, CROSSTX PLATFORM AND PERFORMANCE OF THE NETWORK RELATED SERVICES AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) CONTENT IS AT YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORESOLE RISK.

Appears in 1 contract

Samples: app.crosstx.com

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureTHE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, operateWITHOUT WARRANTY OR CONDITION OF ANY KIND, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. THE LEARNMETRICS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE-OF-DEALING, USAGE, OR TRADE USAGE. YOU ACKNOWLEDGE TRADE; (iii) ANY WARRANTIES THAT THE NETWORKINFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE STOREFRONTSERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON (iv) ANY MACHINE WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR IN ANY ENVIRONMENTOTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE USESERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, QUALITY, AND PERFORMANCE SOME OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY ABOVE LIMITATIONS MAY NOT APPLY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTOREYOU.

Appears in 1 contract

Samples: Learnmetrics Service Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configureData Resolve WARRANTS THAT IT HOLDS ALL RIGHT, operateTITLE AND INTEREST IN AND TO MobSec OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE MobSec TO YOU ON THE TERMS CONTAINED HEREIN. Data Resolve WARRANTS THAT MobSec, manageWHEN IT IS DELIVERED TO YOU, or otherwise use or interact with the StorefrontIS FREE OF VIRUSES, and does not and cannot warrant the results obtained or not obtained by such use or interactionTROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. VSTORE DOES NOT WARRANT THAT THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. MobSec IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURESOFTWARE IS AT YOUR SOLE RISK. VSTORE Data Resolve EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL WARRANTIESOTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY INCLUDING WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT MobSec WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MobSec WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ERRORS IN MobSec, AND ANY IMPLIED WARRANTIES IF ANY, WILL BE CORRECTED. Data Resolve’s ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF A COURSE OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF PERFORMANCE, DEALING, OR TRADE USAGEMobSec. YOU ACKNOWLEDGE THAT MobSec’s FAILURE TO PERFORM IN ACCORDANCE WITH THE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY SPECIFICATIONS SHALL NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK CONSIDERED A FAILURE OF THE USE, QUALITY, AND PERFORMANCE ESSENTIAL PURPOSE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED WARRANTIES CONTAINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORE.

Appears in 1 contract

Samples: www.dataresolve.com

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR PROVIDER ACKNOWLEDGES AND AGREES THAT THE OPERATION BIOTE PLATFORM, AND ANY PRODUCTS ACQUIRED FROM BIOTE, INCLUDING PRESCRIPTION BASED PRODUCTS, IS NOT A SUBSTITUTE FOR A MEDICAL DIAGNOSIS OR TREATMENT PLAN, AS SUCH IS THE SOLE RESPONSIBILITY OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECUREPROVIDER. VSTORE BIOTE, INCLUDING BIOTE DISTRIBUTORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED INCLUDING WARRANTIES ARISING OUT WITH RESPECT TO PRESCRIPTION PRODUCTS PROVIDED BY A THIRD PARTY 503B FACILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORK, THE STOREFRONTTHIRD PARTY, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. BIOTE, INCLUDING BIOTE DISTRIBUTORS, SHALL NOT BE FUNCTIONAL ON LIABLE TO PROVIDER UNDER ANY MACHINE CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY ENVIRONMENT. YOU ASSUME ALL RISK BREACH OF THE USETHIS PROVIDER AGREEMENT, QUALITY, AND PERFORMANCE REGARDLESS OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCTWHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT BIOTE WAS ADVISED OF THE PURCHASE POSSIBILITY OF (OR INABILITY TO PURCHASE) ANY PRODUCTSUCH DAMAGES, OR (C) YOUR CONTENT THE LEGAL OR EQUITABLE THEORY (AS DEFINED HEREINCONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL BIOTE’S, INCLUDING ITS DISTRIBUTORS, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS PROVIDER AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO OTHERWISE, EXCEED THE MANUFACTURER OR SUPPLIER TOTAL OF THE PRODUCTAMOUNTS PAID TO BIOTE, AND NOT TO VSTOREINCLUDING BIOTE DISTRIBUTORS, FOR THE PRODUCTS SOLD OR FACILITATED HEREUNDER OR $10,000, WHICHEVER IS LESS.

Appears in 1 contract

Samples: Authorized Ancillary Products Provider Agreement

Warranty Disclaimer. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF EACH RENTAL DEVICE AND ANY HARDWARE RENTED OR INTERACTION PURCHASED IN CONNECTION WITH THE NETWORK OR THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND RINGCENTRAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER CANADIAN LAW OR ANY PROVINCE THEREOF. RINGCENTRAL 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 TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES ARISING OUT WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT RINGCENTRAL CANNOT DISCLAIM ANY SUCH WARRANTY AS A COURSE MATTER OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE NETWORKAPPLICABLE LAW, THE STOREFRONTSCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. To the extent permitted by Law, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT, AND NOT TO VSTORERingCentral shall pass through to Customer all warranties RingCentral receives in connection with the Rental Device provided by the manufacturer.

Appears in 1 contract

Samples: Phone Rental Agreement

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