Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this Agreement, Xxxxxxx XxXxxxxxx USE OF THE PORTAL, OR ANY CONTENT LOCATED THEREON OR PROVIDED IN CONNECTION THEREWITH, IS PROVIDED BY XXXXXXX XXXXXXXXX ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND; INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY OF THE PORTAL WHEN DESIRED FOR USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. Neither Xxxxxxx XxXxxxxxx nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free. Under no circumstances shall Xxxxxxx XxXxxxxxx or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Xxxxxxx XxXxxxxxx Portal site, or any website linked to the Xxxxxxx XxXxxxxxx Portal site, including but not limited to reliance by You on any information obtained from the Xxxxxxx XxXxxxxxx Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, business interruption, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. Moreover, to the maximum extent permitted by applicable law, You further agree that Xxxxxxx XxXxxxxxx shall not be liable in any way should your information systems, data or software become infected, damaged, or destroyed by a virus or other harmful data that is a result of your use of the Portal. The Xxxxxxx XxXxxxxxx Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Xxxxxxx XxXxxxxxx Portal, You expressly agree to not hold Xxxxxxx XxXxxxxxx or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Xxxxxxx XxXxxxxxx has been advised of or should have knowledge of the possibility of such damages.
Warranty Disclaimers and Limitation of Liability. 12.1 THE EXPRESS WARRANTIES SET FORTH IN SECTION 11 OF THIS AGREEMENT ARE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCT AND ANY PART THEREOF. BMI AND ITS LICENSORS MAKE NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES. INCLUDING WITHOUT LIMITATION. WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMI AND ITS LICENSORS DO NOT WARRANT (a) THAT THE PRODUCT OR ANY PART THEREOF WILL BE FREE FROM DEFECTS, ERRORS OR BUGS, OR (b) THAT THE OPERATION OF THE PRODUCT WILL BE SECURE OR UNINTERRUPTED, OR (c) THAT THE PRODUCT WILL BE ABLE TO PROVIDE OR ATTAIN ANY FEATURES, FACILITIES, FUNCTIONS OR CAPABILITIES, OR (d) THAT ANY RESULTS OR INFORMATION THAT MAY BE DERIVED FROM THE USE OF THE PRODUCT WILL BE ACCURATE, COMPLETE, RELIABLE AND SECURE.
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, BIOSITE warrants for a period of thirty (30) days from performance of Service that Installation Services shall be performed in accordance with generally accepted industry standards.
Warranty Disclaimers and Limitation of Liability. 11a. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND EXCEPT AS SET FORTH IN PARAGRAPH 10, BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. BARCHART MAKES NO WARRANTY OF ANY KIND THAT THE INFORMATION, SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF CLIENT’S OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CLIENT'S SOLE RISK. 11b. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BARCHART BE LIABLE TO CLIENT OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES OR ANY BREACH OF ANY PROMISE OR WARRANTY HEREUNDER.
Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this End User Agreement, Protegrity makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an "as is" and "as available" basis. Neither Protegrity, nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, "Associates") warrant that use of the Portal will operate without interruption, errors, defects, bugs or viruses, or that any such defects on the Portal will be corrected. Under no circumstances shall Protegrity or it Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from , arise out of or otherwise relate to your use of or inability to use the Portal, or any website linked to the Protegrity Portal, including but not limited to reliance by you on any information obtained from the Portal that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. The Portal utilizes industry accepted security systems to eliminate unauthorized access to private information. By using the Portal, you expressly agree to not hold Protegrity or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Protegrity has been advised of or should have knowledge of the possibility of such damages. You acknowledge that your use of the Portal is strictly voluntary, and your participation has not been required by Protegrity.
Warranty Disclaimers and Limitation of Liability. 10.1 Except as explicitly set forth herein, neither Gulf International Bank – Saudi its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website will be error-free, (c) as to a minimum level of uptime for the Website, or (d) as to the results that may be obtained by the Member by accepting these T&C and/or using the Website. The Member agrees and acknowledges that the Website are licensed and/or provided hereunder on an “as is” basis. In addition, Member hereby agrees and acknowledges that: (i) Gulf International Bank – Saudi shall not be responsible for any actions taken by any other party using the Website or reviewing any of Member’s Posted Information. (ii) Gulf International Bank – Saudi does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party. (iii Gulf International Bank – Saudi is not a party to any transaction between a Member and any ajeeb Network Partner, supplier, or business with which Gulf International Bank – Saudi has a business relationship, and as such, any
Warranty Disclaimers and Limitation of Liability. 10.1 Except as explicitly set forth herein, neither Gulf International Bank – Saudi Arabia its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website will be error-free, (c) as to a minimum level of uptime for the Website, or (d) as to the results that may be obtained by Member by accepting these T&C and/or using the Website. Member agrees and acknowledges that the Website are licensed and/or provided hereunder on an “as is” basis. In addition, Member hereby agrees and acknowledges that: (i) Gulf International Bank – Saudi Arabia shall not be responsible for any actions taken by any other party using the Website or reviewing any of Member’s Posted Information. (ii) Gulf International Bank – Saudi Arabia does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party. (iii Gulf International Bank – Saudi Arabia is not a party to any transaction between Member and any Program Partner, Supplier, or business with which Gulf International Bank – Saudi Arabia has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between Member and such third party. (iv) Gulf International Bank – Saudi Arabia is not responsible for any other party’s compliance with applicable laws, rules or regulations. (v) Gulf International Bank – Saudi Arabia shall not, under any set of circumstances, be responsible or liable for any content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party’s intellectual property rights. and (vii) the Website may not function properly or as intended at times.
Warranty Disclaimers and Limitation of Liability. 9.1 IN NO EVENT SHALL COX OR NETWORK-1 BE LIABLE TO EACH OTHER, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES ARISING OUT OF THE CONDUCT OF SUCH PARTY PURSUANT TO THIS AGREEMENT, THE CONVEYANCE DOCUMENTS OR ANY AGREEMENTS OR DOCUMENTS DELIVERED PURSUANT HERETO OR THERETO.
Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this Agreement, Xxxxx makes no other representations or warranties, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose, with respect to the Xxxxx Portal. You agree that use of the Xxxxx Portal is at your sole risk. The Xxxxx Portal is provided on an “as is” and “as available” basis. Under no circumstances shall Xxxxx be liable for any direct, indirect, punitive, or consequential damages that result from your use of or inability to use the Xxxxx Portal site or any web site linked to the Xxxxx Portal site, including but not limited to, reliance by you on any information obtained from the Xxxxx Portal site that results in mistakes, omissions, deletion or corruption of files, viruses, delays in operation or transmission, any failure of performance, any loss of profit, loss of goodwill or data, cost of procurement of substitute goods or services, or other intangible loss suffered. The Xxxxx Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Xxxxx Portal, you agree to not hold Xxxxx, any of its employees, or its vendor liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of Xxxxx has been advised of or should have knowledge of the possibility of such damages.
Warranty Disclaimers and Limitation of Liability. 7.1 IN NO EVENT SHALL NETWORK-1 OR MW BE LIABLE TO EACH OTHER, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES ARISING OUT OF THE CONDUCT OF SUCH PARTY PURSUANT TO THIS AGREEMENT, THE CONVEYANCE DOCUMENTS OR ANY AGREEMENTS OR DOCUMENTS DELIVERED PURSUANT HERETO OR THERETO.
