Disclaimer of Warranties and Limitation of Liabilities. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR ANY OTHER AGREEMENT GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING OR MOBILE BANKING APPS, MOBILE BANKING AND MOBILE BANKING APPS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING APPS AND MOBILE BANKING, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. IN ADDITION TO ALL DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER BANK NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO (I) THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO MOBILE BANKING AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION; (II) ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF MOBILE BANKING. NEITHER BANK NOT ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BEAR ANY LIABILITY FOR (A) COMPATIBILITY OF MOBILE BANKING WITH WIRELESS AND/OR WAP- ENABLED DEVICES; (B) SERVER LATENCY OR RESPONSE TIMES FOR MOBILE BANKING; (C) ADDITIONAL COSTS ASSESSED BY WIRELESS CARRIERS FOR TEXT AND INTERNET ACCESS; OR
Disclaimer of Warranties and Limitation of Liabilities. The information provided by the Site is provided without warranty or liability -- whether implied, express or statutory. IHB does not warrant that the Site will be error or virus free. IHB does not assume any responsibility whatsoever arising out of your use of the Site, regardless of whether negligence on the part of IHB may have caused or contributed to any loss or damage suffered by you as a result of using or relying upon the Site. In no event under any theory of law, whether contract, tort, warranty or otherwise, shall IHB have any liability to any person for incidental, special, consequential or exemplary damages of any description, including but not limited to, damages for loss of profits, cost of capital or business interruption expenses as a result of your use of the Site. IHB SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, ITS SOFTWARE AND THE INFORMATION PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Site User Licensing IHB reserves the right to prohibit you from accessing the Site at any time with or without cause. Your access to the Site constitutes a revocable, nonexclusive limited license to access the Site under the terms and conditions of this agreement. If you are authorized to download, copy, display, exhibit, share, or otherwise distribute the content of the Site, it is for informational, purposes only. Any unauthorized downloading, retransmission, republication or other copying or modification of material posted on the Site, including trademarks, tradenames and service marks, may violate federal, common or civil law trademark law and copyright law, is prohibited and may result in legal action. If you download software from the Site, such software is licensed on a limited basis to you by IHB or the owner of such software. Title to the software is not transferred to you. You own the medium on which the software is recorded, but IHB retains all rights, title and interest in and to the software, and all intellectual property rights therein. IHB reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in IHB's opinion is contrary to this Agreement. You agree that any person to whom you supply the content, directly or indirectly, will be advised of the terms and conditions of this Agreement, and that each such person is bound by these terms and conditions. You may in no way...
Disclaimer of Warranties and Limitation of Liabilities. Disclaimer of Warranties
Disclaimer of Warranties and Limitation of Liabilities. 5.1 The Software is licensed to Licensee on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE LICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
Disclaimer of Warranties and Limitation of Liabilities. (a) VMS ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE ANY INTENDED RESULTS, AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED BY THE PRODUCTS AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SKYTEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS, ANY SOFTWARE EMBEDDED IN OR INTEGRAL TO THE PRODUCTS, OR THE WIRELESS MESSAGING NETWORKS, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, PERFORMANCE AND QUALITY, AND ANY WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE.
Disclaimer of Warranties and Limitation of Liabilities. 16.1 SBUSD ACKNOWLEDGES AND AGREES THAT CALM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE REPORT OR CALM’S ACTIVITIES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SBUSD ACKNOWLEDGES AND AGREES THAT THE REPORT IS PROVIDED "AS IS".
Disclaimer of Warranties and Limitation of Liabilities. BOARD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BOARD BE LIABLE FOR ANY DAMAGES, LOST SAVINGS, OR OTHER ACTURAL, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM THE USE, LOSS OF USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF ASSETS, OR PERFORMANCE OR INACCURACY OF THE IDX DATABASE, EVEN IF BOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST PARTICIPANT OR PROVIDER’S SOLE REMEDY FOR BOARD’S BREACH HERUNDER SHALL BE TERMINATION OF THIS AGREEMENT OR RETURN OF ANY AGGREGATE AMOUNTS PAID BY PARTICIPANT OR PROVIDER, IF ANY, FOR ANY CONFIDENTIAL INFORMATION PROVIDED HEREUNDER WHICH CAUSES DAMAGES TO PARTICIPANT OR PROVIDER ARISING FROM BOARD’S GROSS NEGLIGENCE OR INTENTIONAL FRAUD.
Disclaimer of Warranties and Limitation of Liabilities. 11.01 THE LICENSED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED MATERIALS ARE AT END USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH END USER. PRECISION IT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO WARRANTY SHALL BE CREATED BY ANY ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRECISION IT OR ITS REPRESENTATIVE.
Disclaimer of Warranties and Limitation of Liabilities. 7.1 Although Cengage believes the Licensed Content to be reliable, Cengage does not guarantee or warrant (i) any information or materials contained in or produced by the Licensed Content, (ii) the accuracy, completeness or reliability of the Licensed Content, or (iii) that the Licensed Content is free from errors or other material defects. THE LICENSED CONTENT IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND AND CENGAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS OR A PARTICULAR PURPOSE.
Disclaimer of Warranties and Limitation of Liabilities. 5.1 You acknowledge that the SmartVM API uses several third-party databases for vendor verifications and APEX is not responsible for the information, content, availability or performance of any database or verification source provided by a third-party. Further, third-party suppliers and/or licensors may include, but are not limited to, government agencies, foreign country commissions, global cooperatives and other similar sources; which from time to time may change the nature of the information, content, service or access that they provide. AS SUCH, APEX PROVIDES NO WARRANTY EXPRESS OR IMPLIED WITH RESPECT TO ANY THIRD-PARTY DATABASES AND MAKES NO REPRESENTATION REGARDING THE ACCURACY OF SUCH DATA, NOR THAT THE THIRD-PARTY DATA OR SMARTVM VALIDATION IS COMPLETE, ACCURATE, AND/OR UP TO DATE.
