Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 2 contracts

Samples: www.adnate.in, Privacy Policy

AutoNDA by SimpleDocs

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE DOWNLOAD OF THE SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR THE DOWNLOAD OF ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MATERIALSERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN. TO THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 2 contracts

Samples: Registrar Accreditation Agreement, Registration Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE k) YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES l) YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT ( i ) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. m) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, YOUR FINANCIAL INSTITUTION OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 2 contracts

Samples: www.3riversfcu.org, www.3riversfcu.org

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL " AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KINDKIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IM PLIEDOTHERWISE, INCLUDING, BUT NOT LIM ITED TOWITHOUT LIMITATION, THE IM PLIED WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY YPO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROCESS FACTORY YPO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTEDREPRESENTATION, TIMELY, SECUREWARRANTY, OR ERROR FREEGUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. USE OF ANY MATERIAL DOWNLOADED YPO DOES NOT REPRESENT OR OBTAINED THROUGH WARRANT THAT THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU SERVICE WILL BE SOLELY RESPONSIBLE FOR SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY DAMAGE OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YPO’s SERVICE MAY BE SUBJECT TO YOUR COMPUTER SYSTEM LIMITATIONS, MOBILE TELEPHONEDELAYS, WIRELESS DEVICE OR DATA THAT RESULTS FROM AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALINTERNET AND ELECTRONIC COMMUNICATIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY YPO IS NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE RESPONSIBLE FOR ANY CONSEQUENTIALDELAYS, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEDELIVERY FAILURES, OR OTHER LOSS DAMAGE RESULTING FROM SUCH PROBLEMS. YPO RELIES UPON RESTAURANTS AND OTHER THIRD- PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. YPO DOES NOT REPRESENT OR DAMAGE WHATSOEVER WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR FOR LOSS OF BUSINESS PROFITSERROR-FREE, BUSINESS INTERRUPTIONINCLUDING WITHOUT LIMITATION MENUS, COMPUTER FAILURE, LOSS OF BUSINESS NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION. YPO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER LOSS ARISING OUT OF THIRD PARTY THROUGH THE SERVICE OR CAUSED BY YOUR USE OF ANY HYPERLINKED WEBSITE OR INABILITY TO USE THE THIRD- PARTY SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED AND YPO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT PRODUCTS OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICESERVICES.

Appears in 2 contracts

Samples: Your Promotion Online Customer Service Agreement, Com Customer Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR- FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEEQUIPMENT.

Appears in 2 contracts

Samples: Remote Deposit Capture User Agreement, Remote Deposit Capture User Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, FINANCIAL INSTITUTION OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability 12. LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY SERVICETHIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, WHETHER DIRECT (iii) ANY PRODUCTS, DATA, INFORMATION OR INDIRECTSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, EXCEED THROUGH OR FROM THE FEES PAID BY YOU TOWARDS SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH SERVICEDAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES. Proceed with Enrollment for the Service. By clicking the "I agree" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format. By accepting, you also agree and represent that you have the necessary equipment for accessing the Online Banking Service and for viewing electronic disclosures. If you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button (If you do not agree, choose cancel below.)

Appears in 2 contracts

Samples: Payment Agreement, Payment Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND THE PLUGIN IS PROVIDED “AS IS” AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM S ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IM PLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, INCLUDINGTITLE, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PROCESS FACTORY MAKES THERE IS NO WARRANTY THAT THE SERVICES PLUGIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE PLUGIN IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM SUCH USE. YOU ARE SOLELY RESPONSIBLE FOR ANY APPLICATIONS YOU DEVELOP THAT INTERACT WITH THE PLUGIN. YOU ACKNOWLEDGE THAT THE EVALUATION SERVICES ARE A PRE-RELEASE VERSION, DO NOT REPRESENT A FINAL SERVICE FROM WEBROOT, AND MAY CONTAIN BUGS, ERRORS, OR OTHER PROBLEMS THAT COULD CAUSE FAILURES AND OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER. YOUR USE OF THE EVALUATION SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY IS ENTIRELY AT YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEOWN RISK.

Appears in 2 contracts

Samples: Plugin License Agreement, Plugin License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES AUTOBOOKS AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR SOLE RISK. THE SERVICES ARE OWN RISK AND IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY EXPRESSLY BANK AND ITS SERVICE PROVIDERS DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF AUTOBOOKS, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PROCESS FACTORY MAKES BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH AUTOBOOKS WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AUTOBOOKS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, BANK OR ITS EM PLOYEES SERVICE PROVDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability THESE TERMS AND CONDITIONS LIMITATION OF LIABILITY YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BANK AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORYDAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES AT BANK’S ENTIRE LIABILITY TO YOU IN RESPECT WEBSITE/MOBILE APPLICATION OR OF ANY SERVICETHIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, WHETHER DIRECT (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (III) ANY PRODUCTS, DATA, INFOMRATION, OR INDIRECTSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, EXCEED THROUGH, OR FROM AUTOBOOKS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANYONE ON AUTOBOOKS, (VI) THE FEES PAID BY YOU TOWARDS USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH SERVICEDAMAGES, (VII) ANY OTHER MATTER RELATING TO AUTOBOOKS. Integrated Payables Service Through the integrated payables service (the “Integrated Payables Service”) the Bank, in accordance with instructions and servicing guidelines contained in a service confirmation, will print and disburse checks, create and transmit ACH entries, initiate wire transfers, or initiate virtual card payments to your designated payees. Details relating to the functionality of the Integrated Payables Service will be contained within the Integrated Payables Service User Guide. You authorize the Bank to act as your agent for the payment types you initiate using the Integrated Payables Service. The Bank is authorized to store, process, parse, format, generate, transmit, route and make available through the Bank’s agencies, systems, third-party financial institutions and/or third-party service providers, payment files and records, information regarding accounts, and transactions designated by you.

Appears in 2 contracts

Samples: www.southernfirst.com, www.southernfirst.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY [Business Name] EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, [Business Name] MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 2 contracts

Samples: Terms of Service Agreement, Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE [SERVICES] IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, FINANCIAL INSTITUTION OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE [SERVICES] WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability 12. LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY SERVICETHIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, WHETHER DIRECT (iii) ANY PRODUCTS, DATA, INFORMATION OR INDIRECTSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, EXCEED THROUGH OR FROM THE FEES PAID BY YOU TOWARDS SUCH SERVICE.SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-

Appears in 2 contracts

Samples: End User Agreement, www.altabanking.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY TRUIST AND SERVICE PROVIDER EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES TRUIST AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES TRUIST OR REPRESENTATIVES SHALL SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNEITHER TRUIST OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, IN NO EVENT, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIALXXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY TRUIST OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICETHIRD PARTY ACCOUNT PROVIDER SITE, WHETHER DIRECT EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR INDIRECT, EXCEED (vii) ANY OTHER MATTER RELATING TO THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 2 contracts

Samples: Banking Service Agreement, www.truist.com

Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INKSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INKSOFT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES OR BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALMATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSDIGITAL CONTENT. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOME STATES OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF BUSINESS PROFITSIMPLIED WARRANTIES, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY RIGHTS THAT VARY FROM STATE TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY STATE AND JURISDICTION TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEJURISDICTION.

Appears in 2 contracts

Samples: Inksoft End User License Agreement, Inksoft End User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY TRUIST AND SERVICE PROVIDER EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES TRUIST AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES TRUIST OR REPRESENTATIVES SHALL SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNEITHER TRUIST OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, IN NO EVENT, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIALXXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY TRUIST OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, WHETHER DIRECT ; (iv) UNAUTHORIZED ACCESS TO OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.ALTERATION OF YOUR TRANSMISSIONS OR DATA;

Appears in 2 contracts

Samples: Banking Service Agreement, Banking Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEEQUIPMENT.

Appears in 2 contracts

Samples: Please, Please

Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (A) THE SERVICE IS PROVIDED TO YOU EXPRESSLY UNDERSTAND “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCE OR GUARANTEES OF ANY KIND, AND AGREE THAT THE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU; (B) VIASAT, ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ANY KINDCONDITION, WHETHER EXPRESS OR IM PLIEDUNINTERRUPTED USE, INCLUDINGMERCHANTABILITY, BUT NOT LIM ITED TOSATISFACTORY QUALITY, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY , NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND (C) VIASAT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DOES NOT WARRANT THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELYTHAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION, SECURESOFTWARE, OR ERROR FREESERVICE, THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED, THAT THE INFORMATION CONTAINED IN THE SERVICE IS TRUE AND ACCURATE, OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. USE NO ORAL OR WRITTEN ADVICE PROVIDED BY VIASAT OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH LIMITATIONS ON IMPLIED WARRANTIES OR THE USE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION ABOVE EXCLUSIONS AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE LIMITATIONS MAY NOT APPLY TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 2 contracts

Samples: End User Terms and Conditions Agreement, End User Terms and Conditions Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES IS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR SOLE OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN AS"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIMARK NOR ANY PERSON ASSOCIATED WITH TRIMARK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIMARK NOR ANYONE ASSOCIATED WITH TRIMARK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-IS-AND-AS-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE BASISARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROCESS FACTORY EXPRESSLY DISCLAIM S TO THE FULLEST EXTENT PROVIDED BY LAW, TRIMARK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDINGSTATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIM ITED TO, THE IM PLIED LIMITED TO ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE WARRANTIES RELATED TO YOUR PURCHASE OF GOODS OR SERVICES FROM US, IF ANY, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE GOVERNED BY THE TERMS OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICESALE.

Appears in 2 contracts

Samples: www.trimarkusa.com, www.trimarkusa.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SERVICE IS PROVIDED “AS IS” AND AGREE THAT THE USE OF THE SERVICES IS “AS AVAILABLE,” AND AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOWITHOUT LIMITATION, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROCESS FACTORY MAKES WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THIS SERVICE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE SERVICES FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY MATERIAL INFORMATION OR CONTENT FOUND ON THIS SERVICE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS SERVICE WILL BE CORRECTED, THAT THIS SERVICE AND ANY CONTENT OR INFORMATION FOUND ON THIS SERVICE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THROUGH THIS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE TERMSEXCLUSION OF CERTAIN WARRANTIES. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLACCORDINGLY, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 2 contracts

Samples: End User License Agreement, Please

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY DBTS EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY DBTS MAKES NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED DOWNLOADED, STREAMED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES DBTS OR REPRESENTATIVES THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTERMS OF SERVICE. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLTHIS APPLICATION MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IN NO EVENTIMAGES, BE LIABLE FOR ANY CONSEQUENTIALAUDIOVISUAL PRODUCTIONS, INCIDENTALOPINIONS, INDIRECTSTATEMENTS, SPECIALFACTS, PUNITIVEARTICLES, MARKET DATA, OR OTHER LOSS INFORMATION CREATED BY DBTS OR DAMAGE WHATSOEVER BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE MAY BE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR OTHER LOSS ARISING OUT OF THROUGH LINKS IS NOT ADOPTED OR CAUSED ENDORSED BY YOUR USE OF OR INABILITY TO USE DBTS AND REMAINS THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY RESPONSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICETHIRD PARTIES.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Disclaimer of Warranties. NASM MATERIALS, INCLUDING BUT NOT LIMITEED TO, NASM COURSES, SERVICES, AND RELATED MATERIALS AND PRODUCTS, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND NASM HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL NAMS MATERIALS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON- INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY NASM EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE OF, OR YOUR INABILTY TO USE, NASM MATERIALS AND SERVICES IS AT YOUR SOLE RISK. NASM DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NASM MATERIALS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF NASM MATERIALS. XXXX TAKES PRECAUTIONS TO PROTECT NASM, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NASM DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF NASM MATERIALS OR SERVICES WILL BE ERROR- FREE OR UNINTERRUPTED. NASM MATERIALS AND SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF TO YOU WITH THE UNDERSTANDING THAT NASM IS NOT RENDERING TO YOU ANY KINDMEDICAL, WHETHER EXPRESS OR IM PLIEDLEGAL, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEACCOUNTING, OR OTHER LOSS PROFESSIONAL SERVICE OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, ADVICE. IF SUCH ADVICE OR OTHER LOSS ARISING OUT EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEA COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

Appears in 2 contracts

Samples: Terms and Conditions, Legal Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE OWN RISK. THE SERVICES ARE CONTENT IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL ” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS EITHER EXPRESSED OR IM PLIEDIMPLIED. HSFCU DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PROCESS FACTORY HSFCU MAKES NO WARRANTY THAT (i) THE SERVICES FUNCTIONS, CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, THE SERVICE, THE SERVICE, OR ERROR FREECONTENT ARE FREE OF VIRUSES, MALWARE, ERRORS, OR OTHER HARMFUL COMPONENTS; (iv) THAT ANY INFORMATION PROVIDED TO US IS ACCURATE OR CURRENT; OR (v) THAT THE SERVICE WILL OPERATE IN A COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM, DATA, PRODUCT, OR SERVICE. HSFCU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR INFORMATION, IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OR INFORMATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HSFCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HSFCU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE OR WEBSITE OR ITS CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALMATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES HSFCU OR REPRESENTATIVES SHALL OUR SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 2 contracts

Samples: Digital Banking Services Agreement, Digital Banking Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES PURPOSE AND NONINFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR ERROR FREETHAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR RIVERFRONT FEDERAL CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITSEQUIPMENT. Riverfront Federal Credit Union 000 X. 0xx Xxxxxx Xxxxxxx, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.XX 00000 000-000-0000 or 800-451-3477

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimer of Warranties. YOU You agree and warrant that the information that you provide to us to register or reserve your domain name or register for the Network Solutions E-mail Service is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Network Solutions service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. NSI EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY NSI MAKES NO WARRANTY THAT THE SERVICES NETWORK SOLUTIONS SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DOES NSI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NETWORK SOLUTIONS E-MAIL SERVICE OR THAT DEFECTS IN THE E-MAIL SERVICE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE NETWORK SOLUTIONS E- MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NSI MAKES NO WARRANTY REGARDING ANY SUCH MATERIALGOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES NSI OR REPRESENTATIVES THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 2 contracts

Samples: Service Agreement (Critical Path Inc), Service Agreement (Critical Path Inc)

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES PURPOSE AND NONINFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR ERROR FREETHAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR ARGENT FEDERAL CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEEQUIPMENT. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.Argent Federal Credit Union

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SENDMONEY SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SENDMONEY SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SENDMONEY SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES SENDMONEY SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SENDMONEY SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEEQUIPMENT.

Appears in 1 contract

Samples: Sendmoney Service Agreement

Disclaimer of Warranties. THE APP AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY GROUPOT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GROUPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND THE ACCURACY OF THE INFORMATION. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE APP IN RELATION TO WHICH GROUPOT MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE APP. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT GROUPOT, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL GROUPOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES. GROUPOT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES APP IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS RESULTING FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALTRANSACTION. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES GROUPOT OR REPRESENTATIVES THROUGH OR FROM THE APP OR CONTENT SHALL CREATE ANY WARRANTY WARRANTY. GROUPOT WILL NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIALDAMAGES OF ANY KIND ARISING FROM THE USE OF APP OR THE CONTENT INCLUDING, INCIDENTALWITHOUT LIMITATION, DIRECT, INDIRECT, SPECIALCONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, GROUPOT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP AND ITS CONTENT, WHETHER EXPRESS OR OTHER LOSS IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR DAMAGE WHATSOEVER OR FOR LOSS USE AND ANY WARRANTY THAT MAY ARISE OUT OF BUSINESS PROFITSCOURSE OF PERFORMANCE, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS COURSE OF BUSINESS INFORMATIONDEALING, OR OTHER LOSS USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS GROUPOT, ITS AFFILIATES AND GROUP COMPANIES (AS APPLICABLE) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF OR CAUSED THE SERVICES AVAILABLE ON THE APP AND FROM ANY CLAIMS YOU MAY HAVE AGAINST GROUPOT WITH RESPECT TO THE SERVICES PROVIDED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICETHIRD PARTY.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE The information contained throughout “The Company” website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by “The Company” . YOUR USE OF THE SERVICES THIS SITE IS AT YOUR SOLE OWN RISK. THE SERVICES ARE CONTENT IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL " AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS EITHER EXPRESSED OR IM PLIEDIMPLIED. “THE COMPANY” DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PROCESS FACTORY MAKES NO WARRANTY “THE COMPANY” DOES NOT WARRANT THAT THE SERVICES FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELY, SECURETHAT DEFECTS WILL BE CORRECTED, OR ERROR FREETHAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE “THE COMPANY” DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND “THE COMPANY” MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT “THE COMPANY” , ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY MATERIAL DOWNLOADED LOSS OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. “THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY” MAKES NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE WARRANTIES THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR INABILITY TO USE THE SERVICERESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICEwhether historical in nature or forward-looking, WHETHER DIRECT OR INDIRECTspeaks only as of the date the information is posted on this site, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEand “The Company” does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE WE DO NOT GUARANTEE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, TIMELYOR THAT WE WILL CORRECT ALL SERVICE ERRORS, SECURE(B) THE SERVICE WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR ERROR FREEWITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY US, AND (C) THE SERVICE WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. USE YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR ISSUES IN ANY VERSION OR RELEASE OF A SOFTWARE PRODUCT THAT YOU ARE CONTINUING TO USE WHICH HAS BEEN SUPERSEDED BY A MORE RECENT VERSION OR RELEASE THAT HAS BEEN MADE AVAILABLE BY US, OR THAT RESULT FROM YOUR FAILURE TO TAKE ANY CORRECTIVE ACTION AS REASONABLY DIRECTED BY US, OR FROM ANY MODIFICATIONS MADE TO OUR SOFTWARE PRODUCTS BY YOU, ANY THIRD-PARTY, OR BY US TO YOUR COMPUTER SYSTEM SPECIFICATIONS. ANY BENCHMARK DATA OR BENCHMARK REPORTS ARE PROVIDED “AS IS” AND WE SHALL HAVE NO LIABILITY WITH REGARD TO THEIR ACCURACY, MOBILE TELEPHONECURRENTNESS, WIRELESS DEVICE OR DATA THAT RESULTS FROM COMPLETENESS. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR ISSUES RELATED TO THE USE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE DOWNLOAD RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF ANY SUCH MATERIALTHIRD PARTY CONTENT, AND WE DISCLAIM ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. NO ADVICE IN ADDITION, YOU ASSUME ALL RISKS RELATING TO YOUR PURCHASE AND SALES TRANSACTIONS WHEN USING THE SERVICES. YOU ACKNOWLEDGE THAT WE OFFER THE SERVICES ON A SOFTWARE AS A SERVICE BASIS, AND ACCORDINGLY WE MAY MAKE CHANGES OR INFORMATIONUPDATES TO THE SERVICES OVER THE COURSE OF AN APPLICABLE SUBSCRIPTION TERM AS A RESULT OF WHICH SPECIFIC FEATURES, WHETHER WRITTEN FUNCTIONS, OR ORALCOMPONENTS MAY BE ADDED, OBTAINED BY YOU FROM PROCESS FACTORYENHANCED, ITS EM PLOYEES IMPROVED, SUBSTITUTED, DISCONTINUED, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSOTHERWISE MODIFIED. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR YOUR SUBSCRIPTION IS NOT CONTINGENT ON THE DELIVERY OF ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEFUTURE FUNCTIONALITY OR FEATURES, OR OTHER LOSS DEPENDENT ON ANY VERBAL OR DAMAGE WHATSOEVER WRITTEN PUBLIC COMMENTS MADE BY US REGARDING FUTURE FUNCTIONALITY OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEFEATURES.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISKYou agree that neither Eternal Empire, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or Services. THE WEBSITE AND SERVICES ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES .” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOREGARDING THE WEBSITE, THE IM PLIED WARRANTIES SERVICES OR ANY ASPECT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSETHE INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. PROCESS FACTORY MAKES NO WARRANTY YOU RECOGNIZE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE ACCURACY OF ANY MATERIAL DOWNLOADED SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT. YOU ACKNOWLEDGE THAT DOCUMENTS POSTED ON AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OBTAINED THROUGH OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE USE OF THE SERVICES SHALL WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI- VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT REPAIRS OF ANY SERVICEEQUIPMENT OR DATA YOU USE IN CONNECTION WITH THE WEBSITE. For example, WHETHER DIRECT OR INDIRECTand not by way of limitation, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEneither Eternal Empire, its affiliates or the Data Providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.

Appears in 1 contract

Samples: www.c1syndex.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: (A) YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY EXCEPT AS PERMITTED BY APPLICABLE LAW, IDEXX EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES TERMS, WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, ARISING BY LAW (WHETHER UNDER STATUTE, COMMON LAW OR OTHER LAW, CUSTOM OR OTHERWISE), INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED TERMS OR WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY (B) IDEXX MAKES NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES IDEXX OR REPRESENTATIVES THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS TERMS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT YOU USE YOUR PIMS TO SEND DATA OR CONTENT TO IDEXX OR TO RECEIVE DATA OR CONTENT FROM IDEXX, IDEXX MAKES NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY REPRESENTATION AS TO YOU IN RESPECT THE PERFORMANCE OF ANY SERVICE, WHETHER DIRECT YOUR PIMS OR INDIRECT, EXCEED THE FEES PAID ITS INTERPRETATION OF DATA OR CONTENT PROVIDED BY YOU TOWARDS SUCH SERVICEIDEXX.

Appears in 1 contract

Samples: idexxcom-live-b02da1e51e754c9cb292133b-9c56c33.aldryn-media.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES M&T MONEY SMART AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR SOLE RISK. THE SERVICES ARE RISK AND IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY EXPRESSLY WE DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF M&T MONEY SMART, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT (i) M&T MONEY SMART WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM M&T MONEY SMART WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH M&T MONEY SMART WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN M&T MONEY SMART OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE M&T MONEY SMART IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, M&T OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM M&T MONEY SMART WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND COMPANY HEREBY MAKES NO REPRESENTATIONS, AND AGREE THAT DISCLAIMS ALL WARRANTIES, ARISING OUT OF OR INCONNECTION WITH THE SITE, THE CONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING; ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS,’ AND ‘AS AVAILABLE.’ WE DISCLAIM ALL WARRANTIES, YOUR USE OF THE SERVICES SITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASISSITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT, OR YOUR PURCHASES FROM US. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT WE DO NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY WARRANT THAT THE SERVICES SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USE YOU ASSUME THE RISK OF ANY MATERIAL DOWNLOADED AND ALL DAMAGE OR OBTAINED THROUGH THE LOSS FROM USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OF, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE USE, THE SITE OR SERVICE. WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CORRUPTION, DESTRUCTION, DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT , LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA. WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICE. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, WHETHER DIRECT EFFORTS AND ACTIONS. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEPROFESSIONAL ADVISOR FOR SPECIFIC ADVICE FOR YOUR BUSINESS.

Appears in 1 contract

Samples: Binding Effect

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. PROCESS FACTORY MAKES YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SHALL ONLY BE RESPONSIBLE FOR PERFORMING THE SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO CLAIM OR WARRANTY THAT THE SERVICES OR ANY CONTENT WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICES WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES. THE SERVICES AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREEMEET YOUR EXPECTATIONS. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONEDEVICES, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEAGREEMENT.

Appears in 1 contract

Samples: Bank Electronic Banking Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT (i) THE PFM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PFM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES US THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNONE OF US, IN NO EVENTNOR ANY OF OUR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY CONSEQUENTIALXXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY COMPANY OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE, WHETHER DIRECT ; (iv) UNAUTHORIZED ACCESS TO OR INDIRECT, EXCEED ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE FEES PAID BY YOU TOWARDS SUCH SERVICE.;

Appears in 1 contract

Samples: Confidential Treatment (Bank of Marin Bancorp)

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY Admin Star EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, Admin Star MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY AGREE TO USE THE SERVICE AND THE PACKAGE ROOM ENTIRELY AT YOUR OWN RISK. WE DO NOT WARRANT THE SAFETY, INTEGRITY, TIMELINESS, DELIVERY, SUITABILITY OR ANY OTHER ASPECT OF THE SERVICE OR THE PACKAGE ROOM, OR ANY PACKAGE, GOOD, ITEM OR OTHER MATERIAL SHIPPED OR RECEIVED USING THE SERVICE OR THE PACKAGE ROOM. YOU UNDERSTAND THAT WE CANNOT AND AGREE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE AVAILABLE FOR USE AT ALL TIMES OR THAT THE APPLICATION WILL BE FREE OF THE SERVICES IS AT YOUR SOLE RISKVIRUSES OR OTHER DESTRUCTIVE CODE. THE SERVICES SERVICE AND THE APPLICATION ARE PROVIDED ON AN AS"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, NOR THE PROPERTY MANAGER, NOR ANY PERSON ASSOCIATED WITH EITHER OF US, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, USEABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE, THE APPLICATION, OR THE PACKAGE ROOM. WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR THE PROPERTY MANAGER, NOR ANYONE ASSOCIATED WITH EITHER OF US REPRESENTS OR WARRANTS THAT THE SERVICE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-IS-AND-AS-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE, THE APPLICATION, OR THE SERVERS THAT MAKE THEM AVAILABLE BASISARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROCESS FACTORY EXPRESSLY WE HEREBY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIM ITED TO, THE IM PLIED LIMITED TO ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE UNINTERRUPTED, TIMELY, SECURE, EXCLUDED OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSLIMITED UNDER APPLICABLE LAW. Limitation of on Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENTEVENT WILL WE, NOR THE PROPERTY MANAGER, NOR ANY OF RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ,BE LIABLE FOR DAMAGES OF ANY CONSEQUENTIALKIND, INCIDENTALUNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVEINCIDENTAL, CONSEQUENTIAL OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATIONOR ANTICIPATED SAVINGS, OR OTHER LOSS ARISING OUT OF OR USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY YOUR USE TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR INABILITY TO USE THE SERVICEOTHERWISE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF FORESEEABLE. THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE FOREGOING DOES NOT AFFECT ANY LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT WHICH CANNOT BE EXCLUDED OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICELIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: www.v9.hellopackage.com

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, BUZINESSWARE PROVIDES THE SERVICES AND ANY RELATED PRODUCTS ON AN “AS IS” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE USE, RESALE OR DISTRIBUTION OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY BUZINESSWARE EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KINDKIND WITH RESPECT TO THE AGREEMENT OR THE SERVICES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IM PLIEDOTHERWISE, INCLUDINGORAL OR WRITTEN, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY , NON-INFRINGEMENT, ACCURACY OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE YOU ACKNOWLEDGE THAT PORTIONS OF THE SERVICES ARE PROVIDED BY THIRD-PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY BUZINESSWARE. YOU SHALL NOT BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AUTHORIZED TO MAKE ANY DAMAGE TO YOUR COMPUTER SYSTEM WARRANTY, MOBILE TELEPHONEGUARANTEE, WIRELESS DEVICE REPRESENTATION OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONCONDITION, WHETHER WRITTEN OR ORAL, OBTAINED BY ON BEHALF OF BUZINESSWARE OR ANY THIRD-PARTY SUPPLIER. YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE SOLELY RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR WARRANTIES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED THE SERVICES PROVIDED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Reseller Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY SURGICARE SOFTWARE, LLC EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY SURGICARE SOFTWARE, LLC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORYSURGICARE SOFTWARE, LLC, ITS EM PLOYEES EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability LIMITAION OF LIABILITY YOU AGREE THAT PROCESS FACTORY SURGICARE SOFTWARE, LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY SURGICARE SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SURGICARE SOFTWARE, LLC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL PROCESS FACTORY’S SURGICARE SOFTWARE, LLC’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: surgicaresoftware.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES ARE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR NOVA CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE ORMAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEEQUIPMENT.

Appears in 1 contract

Samples: assets.novacu.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND THIS SITE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOWITHOUT LIMITATION, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. PROCESS FACTORY MAKES NO WARRANTY WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTEDINFORMATION ON THIS SITE IS ACCURATE, TIMELY, SECURERELIABLE, OR ERROR FREECURRENT. USE NEITHER ASSOCIATED UNDERWRITERS INSURANCE NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY MATERIAL DOWNLOADED HARDWARE AND SYSTEMS. WE ALSO MAKE NO REPRESENTATIONS OR OBTAINED THROUGH THE WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU SITE (i) WILL BE SOLELY UNINTERRUPTED OR ERROR-FREE, (ii) ARE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (iii) ARE SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY DAMAGE TO CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF SITE. ASSOCIATED UNDERWRITERS INSURANCE AND ANY SUCH MATERIAL. THIRD-PARTY SUPPLIER ASSUME NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE RESPONSIBILITY FOR ANY CONSEQUENTIALPRODUCT, INCIDENTALBRAND, INDIRECTMETHOD, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR CAUSED ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY YOUR USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER'S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF OR INABILITY TO THIS SITE. NEITHER ASSOCIATED UNDERWRITERS INSURANCE NOR ANY THIRD PARTY SUPPLIER CAN ASSURE THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THE SERVICETHIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEonly if required by applicable law, some or all of the exclusions or limitations above may not apply to you. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYou may have other rights from jurisdiction to jurisdiction.

Appears in 1 contract

Samples: Please Read

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES OUR SERVICE(S) IS SOLELY AT YOUR SOLE OWN RISK. THE YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE ," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. PROCESS FACTORY MAKES NO NEITHER THE REGISTRY NOR ITS AFFILIATES, SUBSIDIARIES OR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OUR SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALMATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES US OR REPRESENTATIVES THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADEHEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT:  YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY G2edge EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY  G2edge MAKES NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES G2edge OR REPRESENTATIVES THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICETOS.

Appears in 1 contract

Samples: User Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE OWNER AGREES THAT THE ITS USE OF THE SERVICES OR EYEONBOARD’S LICENSORS' OR VENDORS’ SERVICES IS SOLELY AT YOUR SOLE OWNER’S OWN RISK. THE OWNER AGREES THAT ALL SUCH SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS" AND “AS AVAILABLE” BASIS UNLESS OTHERWISE NOTED IN THIS AGREEMENT. PROCESS FACTORY EYEONBOARD AND EYEONBOARD’S LICENSORS’ OR VENDORS’ EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSETHAT THE SERVICES WILL AVERT, DETER OR PREVENT ANY LOSS OR DAMAGE. PROCESS FACTORY MAKES NO NEITHER EYEONBOARD NOR ITS LICENSORS’ OR VENDORS’ MAKE ANY WARRANTY THAT THE SERVICES WILL MEET OWNER REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE ; NOR DOES EYEONBOARD OR ITS LICENSORS’ OR VENDORS’ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. OWNER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWNER’S OWN DISCRETION AND RISK AND YOU THAT OWNER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS OWNER’S PROPERTY RESULTING FROM THE DOWNLOAD OR USE OF THE SERVICES SUCH MATERIAL AND/OR THE DOWNLOAD OF DATA. EYEONBOARD MAKES NO WARRANTY REGARDING ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU OWNER FROM PROCESS FACTORY, ITS EM PLOYEES EYEONBOARD NOR SHALL SUCH ADVICE OR REPRESENTATIVES SHALL INFORMATION CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSMADE HEREIN AND OWNER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN EYEONBOARD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO EVENT, BE LIABLE FOR LIABILITY WITH RESPECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, PRODUCTS AND/OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED SERVICES PURCHASED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEOWNER FROM A THIRD PARTY.

Appears in 1 contract

Samples: Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE A2A SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS"AS IS"AND "AS AVAILABLE"BASIS. PROCESS FACTORY EXCEPT AS OTHERWISE STATED HEREIN, WE (AND OUR SERVICE PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICES A2A SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE A2A SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. ; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE A2A SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE A2A SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE A2A SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL US FROM THE A2A SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Banking Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance all the time. YOUR USE OF THE SERVICES THIS SERVICE IS AT YOUR SOLE OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL ” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XXXXX.XX AND ANY AFFILIATED COMPANIES OF XXXXX.XX DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROCESS FACTORY MAKES NO WARRANTY XXXXX.XX DO NOT WARRANT THAT THE SERVICES FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE UNINTERRUPTEDAVAILABLE, TIMELYUNINTERRUPTED OR ERROR-FREE, SECURETHAT DEFECTS WILL BE CORRECTED, OR ERROR FREETHAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXX.XX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. XXXXX.XX MAKES NO WARRANTIES THAT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR MATERIALS, INFORMATION, WHETHER WRITTEN OR ORALSOFTWARE, OBTAINED BY YOU FROM PROCESS FACTORYFACILITIES, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVESERVICES, OR OTHER LOSS CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND XXXXX.XX ASSUMES NO LIABILITY OR DAMAGE WHATSOEVER RESPONSIBILITY FOR ERRORS OR FOR LOSS OF BUSINESS PROFITSOMISSIONS IN SUCH MATERIALS, BUSINESS INTERRUPTIONINFORMATION, COMPUTER FAILURESOFTWARE, LOSS OF BUSINESS INFORMATIONFACILITIES, SERVICES, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED CONTENT OF THE POSSIBILITY SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONLY TO THE FEES PAID EXTENT PERMITTED BY YOU TOWARDS SUCH SERVICEAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEEQUIPMENT.

Appears in 1 contract

Samples: Mobile Deposit Terms and Conditions

Disclaimer of Warranties. THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY WILDTRACK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WILDTRACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. TO THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S FULL EXTENT PERMISSIBLE BY LAW, WILDTRACK DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY WILDTRACK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTEDSERVICE, TIMELYINFORMATION, SECURECONTENT, MATERIALS, OR ERROR FREEOTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE TO THE FULL EXTENT PERMISSIBLE BY LAW, WILDTRACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS KIND ARISING FROM THE USE OF THE SERVICES SERVICE, OR THE DOWNLOAD OF FROM ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN CONTENT, MATERIALS, OR ORALOTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, OBTAINED BY YOU FROM PROCESS FACTORYINCLUDING, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY BUT NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLLIMITED TO DIRECT, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITSAND CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS OTHERWISE SPECIFIED IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEWRITING.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND JDN IS BEING PROVIDED SOLELY AS AN ACCOMMODATION AT NO CHARGE TO YOU, AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND IS WITHOUT ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. PROCESS FACTORY XXXX DEERE HEREBY EXPRESSLY DISCLAIM S DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING THE IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY , TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR USEFULNESS OR THAT THE SERVICES JDN WILL BE SECURE, UNINTERRUPTED, TIMELYNOT DELAYED, SECURE, SUSPENDED OR ERROR FREE. XXXX DEERE DOES NOT WARRANT THAT XXXX DEERE PROPRIETARY INFORMATION OR ANY DATA GENERATED BY THE OPERATION OR USE OF JDN, ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JDN SHALL CREATE ANY MATERIAL DOWNLOADED OR WARRANTY TO YOU WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA OBTAINED THROUGH THOUGH THE USE OF THE SERVICES SHALL BE JDN IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA LOSS THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEDATA.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES AUTOBOOKS AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR SOLE RISK. THE SERVICES ARE OWN RISK AND IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY EXPRESSLY BANK AND ITS SERVICE PROVIDERS DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF AUTOBOOKS, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PROCESS FACTORY MAKES BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH AUTOBOOKS WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AUTOBOOKS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, BANK OR ITS EM PLOYEES SERVICE PROVDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability THESE TERMS AND CONDITIONS LIMITATION OF LIABILITY YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BANK AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORYDAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES AT BANK’S ENTIRE LIABILITY TO YOU IN RESPECT WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (III) ANY PRODUCTS, DATA, INFOMRATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM AUTOBOOKS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANYONE ON AUTOBOOKS, (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, (VII) ANY OTHER MATTER RELATING TO AUTOBOOKS. LOCKBOX SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Lockbox Agreement

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, SHERWEB PROVIDES THE SERVICES AND ANY RELATED PRODUCTS ON AN “AS IS” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE USE, RESALE OR DISTRIBUTION OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY SHERWEB EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KINDKIND WITH RESPECT TO THE AGREEMENT OR THE SERVICES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IM PLIEDOTHERWISE, INCLUDINGORAL OR WRITTEN, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY , NON-INFRINGEMENT, ACCURACY OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE YOU ACKNOWLEDGE THAT PORTIONS OF THE SERVICES ARE PROVIDED BY THIRD- PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY SHERWEB. YOU SHALL NOT BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AUTHORIZED TO MAKE ANY DAMAGE TO YOUR COMPUTER SYSTEM WARRANTY, MOBILE TELEPHONEGUARANTEE, WIRELESS DEVICE REPRESENTATION OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONCONDITION, WHETHER WRITTEN OR ORAL, OBTAINED BY ON BEHALF OF SHERWEB OR ANY THIRD-PARTY SUPPLIER. YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE SOLELY RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR WARRANTIES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED THE SERVICES PROVIDED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Partner Master Service Agreement

Disclaimer of Warranties. YOU You agree and warrant that the information that you provide to us to register or reserve your domain name or register for the Network Solutions E-mail Service is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Network Solutions service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. NSI EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. PROCESS FACTORY NSI MAKES NO WARRANTY THAT THE SERVICES NETWORK SOLUTIONS SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DOES NSI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NETWORK SOLUTIONS E-MAIL SERVICE OR THAT DEFECTS IN THE E-MAIL SERVICE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE NETWORK SOLUTIONS E-MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NSI MAKES NO WARRANTY REGARDING ANY SUCH MATERIALGOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES NSI OR REPRESENTATIVES THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: E Mail Services Agreement (Critical Path Inc)

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF AND ACCESS TO THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND AN "AS AVAILABLE" BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, AppCohhection LLC, SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS. PROCESS FACTORY MAKES OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTEDANY MATERIAL, TIMELYCONTENT, SECUREPRODUCTS, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED SERVICES DISPLAYED ON OR OBTAINED OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND YOUR ACCESS TO, AND USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU SERVICE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM UNINTERRUPTED OR ERROR-FREE, MOBILE TELEPHONEFREE OF VIRUSES, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEMALICIOUS CODE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATIONHARMFUL COMPONENTS, OR OTHER LOSS ARISING OUT OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICECERTAIN WARRANTIES. ACCORDINGLY, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, INDEPENDENT BANK OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability (m)LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, INDEPENDENT BANK AND ITS THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE FEES PAID BY YOU TOWARDS SUCH SERVICE.COST OF GETTING SUBSTITUTE GOODS AND SERVICES,

Appears in 1 contract

Samples: Services Agreement

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU EXPRESSLY UNDERSTAND BY THE MANUFACTURER OF THE ITEM. THE SERVICES, AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED. THESE DISCLAIMERS INCLUDE, INCLUDING, BUT NOT LIM ITED TO, WITHOUT LIMITATION: THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY ; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES OF NONINFRINGEMENT; THAT ACCESS TO THE SERVICES SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND THAT COMMUNICATIONS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES SHALL AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE AT YOUR OWN DISCRETION SECURE AND RISK AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU WILL BE SOLELY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXX IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALSERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES MEYERPT OR REPRESENTATIVES THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTOU AGREEMENT. Limitation of Liability THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT PROCESS FACTORY SHALLTHAT, IN NO EVENTTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XXXXXXX, MEYERPT S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS DAMAGES ARISING OUT OF OR CAUSED BY YOUR USE IN ANY WAY RELATED TO: THE SERVICES, OR ANY OTHER SERVICES OR SITES YOU ACCESS THROUGH A LINK FROM THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY ON OR INABILITY TO USE THE SERVICESERVICES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SERVICES; XXXXXXX’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR; OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES; IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROCESS FACTORY MEYERPT, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN NO EVENT OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MEYERPT NOR ITS SUPPLIERS SHALL PROCESS FACTORY’S ENTIRE LIABILITY BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE MEYERPT SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO THIRD PARTY BENEFICIARIES These Terms are not enforceable by or for the benefit of any third party. DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN RESPECT OF COURT. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and MEYERPT agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to MEYERPT by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx AND by U.S. Mail to XXXXXXX, MEYERPT, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, MEYERPT will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, these Terms, or any additional terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of MEYERPT’s actual or alleged intellectual property rights or claims of piracy or unauthorized use of the Site (an “Excluded Dispute”), then you and MEYERPT agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23. Your notice to us must be sent by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERPT, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. Subject to Section 23, for a period of sixty (60) days from the date of receipt of notice from the other party, MEYERPT and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or MEYERPT to resolve the Dispute or Excluded Dispute on terms with respect to which you and MEYERPT in each of our sole discretion, are not comfortable. Binding Arbitration. If we cannot resolve a Dispute as set forth above, (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY SERVICEAND ALL DISPUTES ARISING BETWEEN YOU AND XXXXXXX (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER DIRECT ARISING BEFORE OR INDIRECTAFTER THE EFFECTIVE DATE OF THESE TERMS, EXCEED MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE FEES PAID BY YOU TOWARDS SUCH PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act, not state law, shall govern the arbitrability of all disputes between MEYERPT and you regarding these Terms and the Service. MEYERPT and you agree, however, that the laws of the state of Ohio shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and MEYERPT, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Ohio’s choice of law principles that might apply other laws. Disputes will be resolved by a single arbitrator and solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of MEYERPT consent to in writing. If MEYERPT’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator. You or MEYERPT may choose to pursue a claim in small claims court where jurisdiction and venue over you and MEYERPT otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide XXXXXXX with advance notice by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERPT, Inc., 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require MEYERPT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then MEYERPT will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and will be bound by these Terms and will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, [except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.] Waiver of Jury Trial. In any event, if for any reason a dispute between XXXXXXX and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), MEYERPT and you agree to waive, to the fullest extent allowed by law, any trial by jury. Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of MEYERPT, or any employee, officer, director, or investor of MEYERPT, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services. Survival. This Arbitration section shall survive any termination of your account or the Services. CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. MEYERPT and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MEYERPT and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other MEYERPT customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Omaha, Nebraska. If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of MEYERPT, or any employee, officer, director, or investor of MEYERPT, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute. This Class Action Waiver section shall survive any termination of your account or the Services.

Appears in 1 contract

Samples: Use Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES SERVICE OR VISITATION OF THIS SITE IS SOLELY AT YOUR SOLE OWN RISK. YOU AGREE THAT THE SERVICES SERVICE AND CONTENT ON THIS WEB SITE ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE ," AND “AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. PROCESS FACTORY SAIPAN DATACOM EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. PROCESS FACTORY MAKES NO SAIPAN DATACOM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR THE SERVICES SERVICE PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DOES SAIPAN DATACOM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEB SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE OR THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA INCLUDING, MOBILE TELEPHONEBUT NOT LIMITED TO YOUR CUSTOMER CONTENT, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR YOUR USE OF THE SERVICES THIS WEB SITE OR THE DOWNLOAD OF SERVICE. SAIPAN DATACOM MAKES NO WARRANTY REGARDING ANY SUCH MATERIALGOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES SAIPAN DATACOM OR REPRESENTATIVES THROUGH THIS SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGEABOVE EXCLUSIONS MAY NOT APPLY. IN SAIPAN DATACOM IS NOT RESPONSIBLE FOR AND SHALL HAVE NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY WITH RESPECT TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT PRODUCTS AND/OR INDIRECT, EXCEED THE FEES PAID SERVICES OFFERED TO OR PURCHASED FROM A THIRD PARTY BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE A2A SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS"AS IS"AND "AS AVAILABLE"BASIS. PROCESS FACTORY EXCEPT AS OTHERWISE STATED HEREIN, WE (AND OUR SERVICE PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICES A2A SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE A2A SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. ; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE A2A SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE A2A SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE A2A SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL US FROM THE A2A SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY IF WE ARE LIABLE TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR OTHERWISE, YOU EXPRESSLY HEREBY AGREE THAT PROCESS FACTORY SHALLWE SHALL BE LIABLE ONLY FOR YOUR ACTUAL DAMAGES, AND IN NO EVENT, EVENT SHALL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH YOU MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM OUR ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: (I) THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR; THE A2A SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; (III) THE USE, WHETHER DIRECT INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR INDIRECTNON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEB SITE, EXCEED EVEN IF THE FEES PAID BY YOU TOWARDS PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VI) ANY OTHER MATTER RELATING TO THE A2A SERVICE. Subject to the foregoing limitations, our liability for loss of interest resulting from our error or delay shall be calculated by using a rate equal to the average Federal Funds rate for the period involved. At our option, payment of such interest may be made by crediting any of your accounts resulting from or arising out of any claim of any person that we are responsible for any act or omission of you or any other person described in this section.

Appears in 1 contract

Samples: Banking Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, National Capital Bank OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Personal Financial Management Service

Disclaimer of Warranties. YOU THE VENDOR EXPRESSLY UNDERSTAND AND AGREE AGREES THAT THE USE OF THE SERVICES THIS SERVICE IS AT YOUR THE VENDOR'S SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY INTERTRADE EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. PROCESS FACTORY INTERTRADE MAKES NO WARRANTY THAT THE SERVICES SERVICE WILL MEET THE VENDOR'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. ; NOR DOES INTERTRADE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE VENDOR UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR THE VENDOR'S OWN DISCRETION AND RISK AND YOU THAT THE VENDOR WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR THE VENDOR'S COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. INTERTRADE MAKES NO WARRANTY REGARDING ANY SUCH MATERIALGOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU THE VENDOR FROM PROCESS FACTORY, ITS EM PLOYEES INTERTRADE OR REPRESENTATIVES THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEVENDOR.

Appears in 1 contract

Samples: cdn.intertrade.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-IS-AN; AS IS AND-AS-AVAILABLE ; AS AVAILABLE; BASIS. PROCESS FACTORY STARPOINT EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY STARPOINT MAKES NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALMATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES STARPOINT OR REPRESENTATIVES THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTHIS AGREEMENT. Limitation The terms of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, this section will survive any termination of this Agreement. LIMITATION OF LIABILITY Starpoint WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER LOSS OR DAMAGE WHATSOEVER OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONUSE, COMPUTER FAILUREDATA, LOSS OF BUSINESS INFORMATION, GOODWILL OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR INTANGIBLE LOSSES) RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THE SERVICE; (ii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF PROCESS FACTORY Starpoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS REGARDING WARRANTIES OR LIABILITY SET FORTH IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY THE ABOVE SECTIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Purpose of Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU EXPRESSLY UNDERSTAND ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE AND OUR SUPPLIERS DO NOT WARRANT THAT ANY OF THE APPLICATION WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE, (D) WARRANTIES THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE USE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF THE SERVICES IS AT YOUR SOLE RISKITS ESSENTIAL PURPOSE. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES LIMITATION OF LIABILITY IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, KIND (INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTEDPHYSICAL LOSSES, TIMELY, SECURE, MENTAL LOSSES OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS FINANCIAL LOSSES) ARISING OUT OF OR CAUSED BY IN CONNECTION WITH THE APPLICATION, OR YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR INABILITY TO USE THE SERVICEOTHERWISE, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND [INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES] ARISING OUT OF OR IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, TO YOU IN RESPECT OF OR ANY SERVICETHIRD PARTY, WHETHER DIRECT IN CONTRACT, TORT, STRICT LIABILITY OR INDIRECT, OTHERWISE) WILL NOT EXCEED THE FEES AMOUNT PAID BY YOU TOWARDS SUCH SERVICETO US. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Appears in 1 contract

Samples: User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE You expressly understand and agree that: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY IGN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "IGN PARTIES") EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES THE IGN PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR , (III) THE RESULTS THAT MAY BE OBTAINED THROUGH FROM THE USE OF THE SERVICES SHALL WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORYANY IGN PARTY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTOS. Limitation of Liability A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU AGREE THAT PROCESS FACTORY SHALLHAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, IN NO EVENTALTERED VISION, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EYE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILUREMUSCLE TWITCHES, LOSS OF BUSINESS INFORMATIONAWARENESS, DISORIENTATION OR OTHER LOSS ARISING OUT INVOLUNTARY MOVEMENTS OR CONVULSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CAUSED BY YOUR USE THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR INABILITY TO USE THE SERVICECONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, EVEN IF PROCESS FACTORY HAS BEEN ADVISED LIABILITY OF THE POSSIBILITY OF SUCH DAMAGEIGN PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICETo the extent that any part of this section is not consistent with any other part of the TOS, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEthen this Disclaimer of Warranties will override it.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU EXPRESSLY UNDERSTAND BY THE MANUFACTURER OF THE ITEM. THE SERVICES, AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM TO THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED. THESE DISCLAIMERS INCLUDE, INCLUDING, BUT NOT LIM ITED TO, WITHOUT LIMITATION: THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY ; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES OF NONINFRINGEMENT; THAT ACCESS TO THE SERVICES SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND THAT COMMUNICATIONS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES SHALL AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE AT YOUR OWN DISCRETION SECURE AND RISK AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU WILL BE SOLELY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEYERDC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALSERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES MEYERDC OR REPRESENTATIVES THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTOU AGREEMENT. Limitation of Liability THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT PROCESS FACTORY SHALLTHAT, IN NO EVENTTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XXXXXXX, MEYERDC S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS DAMAGES ARISING OUT OF OR CAUSED BY YOUR USE IN ANY WAY RELATED TO: THE SERVICES, OR ANY OTHER SERVICES OR SITES YOU ACCESS THROUGH A LINK FROM THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY DELAY ON OR INABILITY TO USE THE SERVICESERVICES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SERVICES; MEYERDC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR; OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES; IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROCESS FACTORY MEYERDC, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN NO EVENT OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MEYERDC NOR ITS SUPPLIERS SHALL PROCESS FACTORY’S ENTIRE LIABILITY BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE MEYERDC SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “GOVERNING LAW AND CHOICE OF FORUM” SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO THIRD PARTY BENEFICIARIES These Terms are not enforceable by or for the benefit of any third party. DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN RESPECT OF COURT. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and MEYERDC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to MEYERDC by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx AND by U.S. Mail to XXXXXXX, MEYERDC, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, MEYERDC will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, these Terms, or any additional terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of MEYERDC’s actual or alleged intellectual property rights or claims of piracy or unauthorized use of the Site (an “Excluded Dispute”), then you and MEYERDC agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23. Your notice to us must be sent by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERDC, 0000 Xxxxxx Xxxxxxxx Parkway, Hudson, Ohio 44236. Subject to Section 23, for a period of sixty (60) days from the date of receipt of notice from the other party, MEYERDC and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or MEYERDC to resolve the Dispute or Excluded Dispute on terms with respect to which you and MEYERDC in each of our sole discretion, are not comfortable. Binding Arbitration. If we cannot resolve a Dispute as set forth above, (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY SERVICEAND ALL DISPUTES ARISING BETWEEN YOU AND MEYERDC (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER DIRECT ARISING BEFORE OR INDIRECTAFTER THE EFFECTIVE DATE OF THESE TERMS, EXCEED MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE FEES PAID BY YOU TOWARDS SUCH PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act, not state law, shall govern the arbitrability of all disputes between MEYERDC and you regarding these Terms and the Service. MEYERDC and you agree, however, that the laws of the state of Ohio shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and MEYERDC, whether xxxxxxx or stated in contract, statute, common law, or any other legal theory, without regard to Ohio’s choice of law principles that might apply other laws. Disputes will be resolved by a single arbitrator and solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of MEYERDC consent to in writing. If MEYERDC’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator. You or MEYERDC may choose to pursue a claim in small claims court where jurisdiction and venue over you and MEYERDC otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide MEYERDC with advance notice by email to xxxxxxxxxxxxxxxx@XXXXXXX.xxx and by U.S. Mail to MEYERDC, Inc., 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require MEYERDC to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then MEYERDC will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and will be bound by these Terms and will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, [except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.] Waiver of Jury Trial. In any event, if for any reason a dispute between MEYERDC and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), MEYERDC and you agree to waive, to the fullest extent allowed by law, any trial by jury. Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of MEYERDC, or any employee, officer, director, or investor of MEYERDC, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services. Survival. This Arbitration section shall survive any termination of your account or the Services. CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. MEYERDC and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MEYERDC and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other MEYERDC customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Omaha, Nebraska. If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of MEYERDC, or any employee, officer, director, or investor of MEYERDC, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute. This Class Action Waiver section shall survive any termination of your account or the Services.

Appears in 1 contract

Samples: Use Agreement

AutoNDA by SimpleDocs

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE ACKNOWLEDGE THAT THE USE OF THE SERVICES MOBILE APP IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-“AS IS-AND-" AND AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S BASIS WITH ALL WARRANTIES FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IM PLIEDOTHERWISE, INCLUDINGWITH RESPECT TO THE APPLICATION, BUT NOT LIM ITED TO, THE IM PLIED INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. PROCESS FACTORY WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. INSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPS, OR SERVICES. THERE IS NO WARRANTY BY SUGARPOT THAT THE FEATURES OR SERVICES CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THIS SOFTWARE AND ITS SERVICES WILL BE FREE FROM ERRORS/BUGS, OR THAT THIS SOFTWARE WILL PROVIDE CONTINUOUS, PERMANENT SERVICES. IN ADDITION, SUGARPOT MAKES NO WARRANTY THAT THE SERVICES THIS SOFTWARE WILL BE UNINTERRUPTEDCOMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR SERVICES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, TIMELY, SECURE, SO SOME OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE ALL OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION ABOVE EXCLUSIONS AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE LIMITATIONS MAY NOT APPLY TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: End User Licence Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR SOLE OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL , WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIED, IMPLIED INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROCESS FACTORY MAKES NO WARRANTY THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE TOWN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE TOWN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, TIMELYTHAT DEFECTS WILL BE CORRECTED, SECURE, THAT OUR WEBSITE OR ERROR FREETHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF ANY MATERIAL DOWNLOADED VIRUSES OR OBTAINED THROUGH THE OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES SHALL BE AT WEBSITE AND YOUR OWN DISCRETION COMPUTER, INTERNET, AND RISK AND YOU DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIALLOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, INCIDENTALDISTRIBUTED DENIAL-OF-SERVICE ATTACK, INDIRECTOVERLOADING, SPECIALFLOODING, PUNITIVEMAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER FAILUREPROGRAMS, LOSS OF BUSINESS INFORMATIONDATA, OR OTHER LOSS ARISING OUT OF OR CAUSED BY PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR INABILITY ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT YOUR DOWNLOADING OF ANY SERVICEMATERIAL POSTED ON IT, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEON ANY WEBSITE LINKED TO IT.

Appears in 1 contract

Samples: Website Terms And

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT XXXXX MANUFACTURING WILL NOT BE LIABLE FOR ANY DATA LOSS OR CORRUPTION WHICH MAY OCCUR DURING PERFORMANCE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE OWN RISK. THE SERVICES ARE PROVIDED ON AN AS"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER XXXXX MANUFACTURING NOR ANY PERSON ASSOCIATED WITH XXXXX MANUFACTURING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER XXXXX MANUFACTURING NOR ANYONE ASSOCIATED WITH XXXXX MANUFACTURING REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-IS-AND-AS-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS WHICH MAKES THE SERVICES AVAILABLE BASISARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROCESS FACTORY EXPRESSLY DISCLAIM S XXXXX MANUFACTURING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIM ITED TO, THE IM PLIED LIMITED TO ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE UNINTERRUPTED, TIMELY, SECURE, EXCLUDED OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICELIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND THE WEBSITE, MATERIALS AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THERE USE IS WITH YOU. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND (EXPRESS, WHETHER EXPRESS IMPLIED OR IM PLIEDSTATUTORY) WITH RESPECT TO THE WEBSITE, INCLUDINGMATERIALS AND SERVICES, WHICH INCLUDES BUT IS NOT LIM ITED LIMITED TO, THE IM PLIED ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. PROCESS FACTORY MAKES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE, MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREEFREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, MATERIALS AND SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY MATERIAL DOWNLOADED INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION WEBSITE, AND RISK AND YOU WILL BE SOLELY ARE NOT RESPONSIBLE FOR ANY DAMAGE THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD ACT OF ANY SUCH MATERIALTHIRD PARTY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM PROCESS FACTORY, ITS EM PLOYEES US OR REPRESENTATIVES OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. LIMITATION OF LIABILITY. YOU ARE USING THE WEBSITE, MATERIALS AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE TO YOU FOR ANY CONSEQUENTIALDAMAGES RESULTING FROM YOUR DISPLAYING, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECOPYING, OR OTHER LOSS DOWNLOADING ANY MATERIALS TO OR DAMAGE WHATSOEVER FROM THE WEBSITE OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEOUR SERVICES. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY WE BE LIABLE TO YOU IN RESPECT OF FOR ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH SERVICEDAMAGE.

Appears in 1 contract

Samples: Bakery Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECUREOR ERROR-­‐FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR ERROR FREEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES COMPANY OR REPRESENTATIVES SHALL SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNEITHER COMPANY OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, IN NO EVENT, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIALXXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-­‐PERFORMANCE OF ANY SERVICETHIRD PARTY ACCOUNT PROVIDER SITE, WHETHER DIRECT EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR INDIRECT, EXCEED (vii) ANY OTHER MATTER RELATING TO THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. You use the Healthinator Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: (A) YOUR USE OF THE SERVICES SITE IS AT YOUR SOLE RISK. , AND THE SERVICES ARE SITE IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY ” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE IM PLIED SITE, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES , AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR- FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , OR MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: www.healthinator.co.za

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND THE SITE, THE SERVICE, AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE ANY PREMIUM SERVICES ARE PROVIDED TO YOU ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL , WITHOUT WARRANTIES OF ANY KIND, AND AUGX HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IM PLIEDOTHERWISE, INCLUDING, INCLUDING BUT NOT LIM ITED TO, THE IM PLIED LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON- INFRINGEMENT. PROCESS FACTORY NEITHER AUGX NOR ANY PERSON ASSOCIATED WITH AUGX MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE SERVICE, OR ANY PREMIUM SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AUGX NOR ANYONE ASSOCIATED WITH AUGX REPRESENTS OR WARRANTS THAT THE SITE, THE SERVICE, OR ANY PREMIUM SERVICES, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE SERVICE, THE PREMIUM SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICE, OR THE PREMIUM SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AUGX MAKES NO WARRANTY REPRESENTATIONS OR WARRANTIES THAT ANY CONTENT DISPLAYED, POSTED TO, GENERATED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVICE, OR ANY PREMIUM SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED CONTENT, THIRD PARTY CONTENT, GENERATED CONTENT OR PARTICIPANT CONTENT) WILL BE UNINTERRUPTEDAPPROPRIATE, TIMELYCOMPLETE, SECUREACCURATE, OR ERROR FREERELIABLE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCESS TO, VIEWING OF, AND USE OF SUCH CONTENT. AUGX FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, ANY THIRD PARTY CONTENT OR PARTICIPANT CONTENT MADE AVAILABLE THROUGH THE SERVICE, THE ACTIONS OF OTHER USERS OF THE SERVICE, OR ANY THIRD PARTY SERVICE (INCLUDING, WITHOUT LIMITATION, THE ACTS OR OMISSIONS OF ANY PROVIDER OF THIRD PARTY CONTENT). AS BETWEEN YOU AND AUGX, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF AND RELIANCE ON THE SITE, THE SERVICE, ANY PREMIUM SERVICES, AND ALL CONTENT (INCLUDING, WITHOUT LIMITATION, ALL THIRD PARTY CONTENT, PARTICIPANT CONTENT, AND/OR GENERATED CONTENT) AVAILABLE THERETHROUGH OR GENERATED THEREON. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR YOUR CREATION AND/OR USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK GENERATED CONTENT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ACCEPT ALL RISKS WITH RESPECT TO ANY DAMAGE ACTIONS YOU TAKE WITH RESPECT TO YOUR COMPUTER SYSTEM THE SITE, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF AND ANY SERVICE, WHETHER DIRECT OUTPUT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEPRODUCT THEREOF.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND AGREE THAT TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES EXTENT PERMITTED BY LAW, ALL SERVICES, PRODUCTS AND THIRD PARTY PRODUCTS ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED, INCLUDINGINCLUDING WITHOUT LIMIT, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PROCESS FACTORY MAKES NO YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR PRODUCTS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES (“T-MOBILE AFFILIATES”) DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, PRODUCTS, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, TIMELYACCURATE, SECURECOMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR FREE. USE IF YOU RECEIVED A WRITTEN “T-MOBILE LIMITED WARRANTY” WITH YOUR PHONE, IT IS THE ONLY WARRANTY MADE BY US WITH RESPECT TO THE PHONE. IF APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH CERTAIN IMPLIED WARRANTIES, THE USE RELEVANT PORTIONS OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE EXCLUSION MAY NOT APPLY TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Billing Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES PURPOSE AND NONINFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR ERROR FREETHAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR RIVERFRONT FEDERAL CREDIT UNION’S USE OF ANY MATERIAL DOWNLOADED OF THEM OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ARISING IN ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONYOUR PERSONAL COMPUTER HARDWARE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, SOFTWARE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITSEQUIPMENT. Riverfront Federal Credit Union 0000 Xxxxxx Xxxx Wyomissing, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.PA 19610 000-000-0000 or 000-000-0000

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY NAVRO EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, XXXXX MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY BANGI ASRA TRUST EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, BANGI ASRA TRUST MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE OUR SERVICES ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES ” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. PROCESS FACTORY MAKES WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR , (C) THE RESULTS THAT MAY BE OBTAINED THROUGH FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT MADE AVAILABLE ON OR THROUGH OUR SERVICES SHALL WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT OR SERVICE OFFERING FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE USE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE SERVICES OR ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED LAWS IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEJURISDICTION.

Appears in 1 contract

Samples: solitaire.brainsword.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, FINANCIAL INSTITUTION OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability 13. LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICEDAMAGES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.RESULTING FROM

Appears in 1 contract

Samples: Banking Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-AS- IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL , AND INTENTIONALIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOWITHOUT LIMITATION, THE IM PLIED WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. PROCESS FACTORY MAKES ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR ERROR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU RISK. UNDER NO CIRCUMSTANCES WILL WE BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM COMPUTER, MOBILE TELEPHONESOFTWARE, WIRELESS DEVICE MODEM, TELEPHONE OR DATA THAT RESULTS OTHER PROPERTY RESULTING FROM THE YOUR USE OF THE SERVICES (OR THE DOWNLOAD OF ANY SUCH MATERIALINABILITY TO USE) OUR SITE. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORYINTENTIONALIST, ITS EM PLOYEES OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: SPC Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND USER AGREE THAT THE USE OF THE OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR SOLE USER’S OWN RISK. THE USER AGREES THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE ," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. PROCESS FACTORY TSS AND OUR LICENSORS EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES NO NEITHER TSS NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET USER’S REQUIREMENTS, OR THAT THE SERVICES SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OUR SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , OR MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE DOWNLOAD OF THE SUCH MATERIAL AND/OR DATA. TSS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR THE DOWNLOAD OF ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MATERIALSERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU USER FROM PROCESS FACTORY, ITS EM PLOYEES TSS OR REPRESENTATIVES THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGEABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY WITH RESPECT TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT PRODUCTS AND/OR INDIRECT, EXCEED THE FEES PAID SERVICES PURCHASED BY YOU TOWARDS SUCH SERVICEFROM A THIRD PARTY.

Appears in 1 contract

Samples: Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECUREOR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR ERROR FREEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES COMPANY OR REPRESENTATIVES SHALL SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNEITHER COMPANY OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, IN NO EVENT, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIALXXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.;

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AGREE YOUR USE OF THE SERVICES AND AGREE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, FINANCIAL INSTITUTION OR ITS EM PLOYEES SERVICE PROVIDERS THROUGH OR REPRESENTATIVES SHALL FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability 13. LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, FINANCIAL INSTITUTION AND ITS THIRD- PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICELOSSES, EVEN IF PROCESS FACTORY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO YOU IN RESPECT USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY SERVICETHIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, WHETHER DIRECT (iii) ANY PRODUCTS, DATA, INFORMATION OR INDIRECTSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, EXCEED THROUGH OR FROM THE FEES PAID BY YOU TOWARDS SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH SERVICEDAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.

Appears in 1 contract

Samples: Personal Financial Management End User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES APP IS AT YOUR SOLE OWN RISK. THE SERVICES ARE APP IS PROVIDED ON AN AS“AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY CONTRACTORS, LICENSORS, AGENTS AND AFFILIATES (COLLECTIVELY, THE “LIGHTRICKS PARTIES”) DISCLAIM S ANY AND ALL WARRANTIES OF ANY KINDWARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES, WHETHER EXPRESS EXPRESSED, IMPLIED OR IM PLIEDSTATUTORY, INCLUDINGINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT, OR THAT ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. PROCESS FACTORY MAKES NO WARRANTY THAT WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE SERVICES APP WILL BE UNINTERRUPTED, TIMELY, SECUREERROR-FREE, OR ERROR FREEWILL MEET YOUR REQUIREMENTS IN ANY WAY; (B) THE APP WILL BE FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR NON-INFRINGING. USE NO ORAL OR WRITTEN REPRESENTATION, ADVICE OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT KIND. ANY HOW-TO GUIDES OFFERED ARE FOR YOUR OWN DISCRETION AND RISK INFORMATION ONLY, AND YOU WILL BE SOLELY RESPONSIBLE MAY NOT RELY ON THEM FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM ACADEMIC, MOBILE TELEPHONE, WIRELESS DEVICE VOCATIONAL OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEPROFESSIONAL CERTIFICATION.

Appears in 1 contract

Samples: Filtertune Terms of Service

Disclaimer of Warranties. YOU IN ADDITION TO THE WARRANTIES AND DISCLAIMERS SET FORTH ABOVE, USER EXPRESSLY UNDERSTAND AND AGREE AGREES THAT THE USE OF THE SERVICES SERVICE IS AT YOUR USER'S SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN "AS-IS-AND-AS-AVAILABLE " AND & "AS AVAILABLE" BASIS. PROCESS FACTORY THIS AUCTION SITE EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY DOWN TO THE WIRE AUCTIONS MAKES NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ; NOR DOES DOWN TO THE WIRE AUCTIONS MAKE ANY MATERIAL DOWNLOADED OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES SERVICE OR AS TO THE DOWNLOAD ACCURACY OR RELIABILITY OF ANY SUCH MATERIALINFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. DOWN TO THE WIRE AUCTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU USER FROM PROCESS FACTORY, ITS EM PLOYEES DOWN TO THE WIRE AUCTIONS OR REPRESENTATIVES THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE TERMSEXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability YOU AGREE HOWEVER, USER XXXXXX AGREES THAT PROCESS FACTORY SHALL, IN NO EVENT, THIS SECTION AND THE ENTIRETY OF THIS DOCUMENT SHALL BE INTERPRETED BASED ON THE LAWS OF NEW JERSEY. LIMITATION OF LIABILITY DOWN TO THE WIRE AUCTIONS OR ITS HOST SHALL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES, SPECIAL, PUNITIVE, RESULTING FROM THE USE OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PROCESS FACTORY HAS DOWN TO THE WIRE AUCTIONS OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT RESALE OR COMMERCIAL USE OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH THIS SERVICE.

Appears in 1 contract

Samples: User Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES ARE AND THE CONTENT IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY TALLYED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES TALLYED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ERROR FREEWILL BE ACCURATE OR RELIABLE OR THAT OUR SITES OR THE SERVER THAT MAKES A SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) THE QUALITY OF SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED. USE OF ANY MATERIAL UPLOADED, TRANSMITTED, OR DOWNLOADED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS USED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK RISK; AND YOU WILL BE SOLELY RESPONSIBLE TALLYED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE UPLOAD, POSTING, TRANSMITTAL, OR DOWNLOAD OF ANY SUCH MATERIALCONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES TALLYED OR REPRESENTATIVES THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMSTOU AGREEMENT. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEHISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR OTHER LOSS ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILUREMUSCLE TWITCHES, LOSS OF BUSINESS INFORMATIONAWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICECONVULSIONS.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES SITE IS AT YOUR SOLE RISKRISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ” AND “AS AVAILABLE”, WITH ALL WARRANTIES FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS AND SPECTRUM HEALTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR IM PLIEDSTATUTORY, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. PROCESS FACTORY MAKES NO WARRANTY SPECTRUM HEALTH DOES NOT WARRANT THE INFORMATION PROVIDED THROUGH THE SITE AND DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREUNINTERRUPTED OR ERROR-FREE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED THAT DEFECTS IN THE SITE OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALCORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPECTRUM HEALTH OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY A WARRANTY. SHOULD THE SITE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT EXPRESSLY STATED IN ALLOW THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Symptom Checker Terms

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY Dream Tech Innovation Pvt. Ltd. EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, Dream Tech Innovation Pvt. Ltd. MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OF WARRANTY. PROCESS FACTORY WE AND PLAID EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE AND PLAID MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ERROR FREEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (iv) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES US OR REPRESENTATIVES SHALL PLAID WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability LIMITATION OF LIABILITY. YOU AGREE THAT PROCESS FACTORY SHALLNEITHER WE NOR PLAID NOR ANY OF THEIR AFFILIATES, IN NO EVENT, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER LOSS OR DAMAGE WHATSOEVER OR INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, COMPUTER FAILUREUSE, LOSS OF BUSINESS INFORMATION, DATA OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICEINTANGIBLE LOSSES, EVEN IF PROCESS FACTORY HAS WE OR PLAID HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY DAMAGES, RESULTING FROM (i)THE USE OR THE INABILITY TO YOU IN RESPECT OF USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER DIRECT (ii) UNAUTHORIZED ACCESS TO OR INDIRECT, EXCEED ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (iii) ANY OTHER MATTER RELATING TO THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: www.paytender.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY THE OWNERS EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES THE OWNERS MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES THE OWNERS OR REPRESENTATIVES THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICETOS.

Appears in 1 contract

Samples: List Server Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR SOLE OWN RISK. THE YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE ," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. PROCESS FACTORY WE AND OUR LICENSORS EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROCESS FACTORY MAKES NO NEITHER NETWORK SOLUTIONS NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OUR SERVICES SHALL BE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE DOWNLOAD OF THE SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR THE DOWNLOAD OF ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MATERIALSERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES US OR REPRESENTATIVES THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLEXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGEABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY WITH RESPECT TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT PRODUCTS AND/OR INDIRECT, EXCEED THE FEES PAID SERVICES PURCHASED BY YOU TOWARDS SUCH SERVICEFROM A THIRD PARTY.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY Smart Diner EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, Smart Diner MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. PST DOES NOT WARRANT THAT THE SERVICES ARE PROVIDED SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PST, MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, INCLUDING BUT NOT LIM ITED TO, THE IM PLIED LIMITED TO WARRANTIES OF MERCHANTABILITY AND TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON‐INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. PROCESS FACTORY MAKES NO SERVICE PROVIDER EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. USE NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PST SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE PST PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, PST CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY MATERIAL DOWNLOADED OR OBTAINED OF THE INFORMATION YOU OBTAIN THROUGH THE USE OF THE SERVICES SERVICE. PST SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR DESTRUCTION OF ANY HARDWARE, MOBILE TELEPHONESOFTWARE, WIRELESS DEVICE FILES OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF RESULTING FROM, ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONATTEMPT TO REMOVE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, COMPUTER VIRUS OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF BUSINESS PROFITSIMPLIED WARRANTIES, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE SO THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSION MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED TO THE FEES PAID EXTENT SUCH EXCLUSION IS NOT ALLOWED BY YOU TOWARDS SUCH SERVICEAPPLICABLE LAW.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES APPLICATION IS AT YOUR SOLE OWN RISK. THE SERVICES ARE APPLICATION IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ”, “AS AVAILABLE” AND WITH ALL WARRANTIES OF ANY KINDFAULTS, AND SWORDPOINT HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS EXPRESS, IMPLIED OR IM PLIEDSTATUTORY, INCLUDING, BUT NOT LIM ITED TOLIMITED TO ANY IMPLIED WARRANTIES, THE IM PLIED WARRANTIES DUTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR APARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY , RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, QUALITY, SAFETY, SUITABILITY, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, OR THAT THE SERVICES APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECUREPERFORM IN ANY PARTICULAR FASHION OR PRODUCE ANY PARTICULAR RESULT, OR ERROR FREE. USE OTHERWISE ARISING OUT OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH RELATED TO THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND APPLICATION BY YOU WILL BE SOLELY OR ANY OTHER PERSON. SWORDPOINT ALSO IS NOT RESPONSIBLE FOR THE PROVISION OF ANY DAMAGE TO YOUR COMPUTER SYSTEM SUPPORT OR ANY OTHER SERVICES, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD FAILURE TO PROVIDE SUPPORT OR ANY OTHER SERVICES, IN CONNECTION WITH OR RELATED TO THE APPLICATION. THERE ARE INHERENT RISKS IN THE DOWNLOADING AND USING OF ANY SUCH MATERIALSOFTWARE, AND SWORDPOINT CAUTIONS YOU TO MAKE SURE THAT YOU COMPLETELY UNDERSTAND THE POTENTIAL RISKS BEFORE DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION. NO ADVICE NEITHER SWORDPOINT NOR ANY PARENT, SUBSIDIARY OR INFORMATIONAFFILIATED ENTITY OF SWORDPOINT, WHETHER WRITTEN OR ORALNOR ANY OF THEIR PRINCIPALS, OBTAINED BY YOU FROM PROCESS FACTORYSHAREHOLDERS, ITS EM PLOYEES DIRECTORS, OFFICERS, MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “SWORDPOINT PARTIES”) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIALDAMAGES THAT YOU OR ANY THIRD PARTY MAY SUFFER IN CONNECTION WITH OR RELATED TO YOUR DOWNLOADING, INCIDENTALINSTALLING, INDIRECTUNINSTALLING, SPECIAL, PUNITIVE, MODIFYING OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE OTHERWISE USING THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEAPPLICATION.

Appears in 1 contract

Samples: Licence Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE ND THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES CONTENT CONTAINED THEREIN ARE PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL ”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS EXPRESSED OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOWITHOUT LIMITATION, THE IM PLIED ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY ., TITLE, AND NON- INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREMANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ERROR FREEANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. USE OF ANY MATERIAL DOWNLOADED WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR OBTAINED THROUGH THE USE ACCURACY OF THE SERVICES SHALL CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF DATE AND/OR CAUSED BY YOUR USE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF OR INABILITY CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: beta.colorcodehappy.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE OWN RISK. THE SERVICES ARE CONTENT IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL ” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS EITHER EXPRESSED OR IM PLIEDIMPLIED. HSFCU DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. PROCESS FACTORY HSFCU MAKES NO WARRANTY THAT (i) THE SERVICES FUNCTIONS, CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR-FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, THE SERVICE, THE SERVICE, OR ERROR FREECONTENT ARE FREE OF VIRUSES, MALWARE, ERRORS, OR OTHER HARMFUL COMPONENTS; (iv) THAT ANY INFORMATION PROVIDED TO US IS ACCURATE OR CURRENT; OR (v) THAT THE SERVICE WILL OPERATE IN A COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM, DATA, PRODUCT, OR SERVICE. HSFCU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR INFORMATION, IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OR INFORMATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HSFCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HSFCU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE OR WEBSITE OR ITS CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALMATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES HSFCU OR REPRESENTATIVES SHALL OUR SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: Digital Banking Services Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. TO THE SERVICES ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN AS-TO YOU “AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ,” WITH ALL WARRANTIES FAULTS, AND WITHOUT WARRANTY OF ANY KIND. KINDRED EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, INCLUDING THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROCESS FACTORY MAKES NO WARRANTY KINDRED DOES NOT WARRANT THAT THE SERVICES SERVICE WILL: PERFORM ERROR-FREE OR WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE FREE FROM BUGS, VIRUSES, HARMFUL CODE, ERRORS, OR OTHER PROGRAM OR SYSTEM LIMITATIONS (OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE UNINTERRUPTEDCORRECTED); MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, TIMELYAPPLICATIONS, SECURESYSTEMS OR SERVICES. KINDRED SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR DOWNTIME OF THE SERVICE, ANY BREACH OF DATA SECURITY, OR ERROR FREEANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM USE OF THE SERVICE, FAILURE OF THE SERVICE, OR OTHERWISE RELATING TO THE SERVICE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM SYSTEM, MOBILE TELEPHONEDEVICE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORYKINDRED, ITS EM PLOYEES EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALLTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, KINDRED WILL NOT BE LIABLE FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE, SPECIAL, PUNITIVECONSEQUENTIAL, OR OTHER INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY, INCLUDING DAMAGES FOR COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR DAMAGE WHATSOEVER OR FOR LOSS CORRUPTION OF BUSINESS PROFITSDATA, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, AND/OR OTHER LOSS THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR CAUSED BY YOUR THE USE OF (OR INABILITY TO USE USE) THE SERVICE, HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PROCESS FACTORY HAS BEEN KINDRED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE KINDRED’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID TO KINDRED FOR YOUR LICENSE TO THE SERVICE DURING THE LAST MONTH PRECEDING THE DATE THE CLAIM AROSE, OR PRORATED IF PAID ANNUALLY, OR U.S. $100.00. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER AN ACTION IS IN RESPECT CONTRACT OR TORT, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF KINDRED AND ITS REPRESENTATIVES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER DIRECT THIS AGREEMENT OR INDIRECT, EXCEED ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE FEES PAID BY YOU TOWARDS CAUSE OF ACTION ACCRUES; OTHERWISE SUCH SERVICECAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Appears in 1 contract

Samples: Complete Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE YOUR USE OF THE SERVICES SITE IS AT YOUR SOLE RISK. THE SERVICES ARE SITE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT THE SERVICES SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR , THAT THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE SERVICES OR THE DOWNLOAD QUALITY OF ANY SUCH MATERIAL. NO ADVICE INFORMATION OR INFORMATION, WHETHER WRITTEN OR ORAL, MATERIALS OBTAINED BY YOU FROM PROCESS FACTORYTHROUGH THE SITE WILL MEET YOUR EXPECTATIONS, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE AND THAT ANY WARRANTY NOT EXPRESSLY STATED ERRORS IN THE TERMSSITE WILL BE CORRECTED. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE YOUR SOLE REMEDY AGAINST US FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED RELIEF IS AN ESSENTIAL PART OF THE POSSIBILITY BARGAIN BETWEEN YOU AND US UNDER THESE TERMS OF SUCH DAMAGEUSE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: www.asibrokers.com

Disclaimer of Warranties. You use the Services at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. , AND THE SERVICES ARE IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY " AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM S ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED, OR IM PLIED, STATUTORY INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES , AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. USE , (iii) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, (iv) THE SERVICES DOES NOT INFRINGE ON THIRD PARTY RIGHTS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (C) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VideoValidate OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONTHE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORALEXPRESS, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEIMPLIED, OR OTHER LOSS STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ALL PRODUCTS AND SERVICES PURCHASED OR DAMAGE WHATSOEVER OBTAINED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER PRODUCT DEFECT OR FAILURE, LOSS OF BUSINESS INFORMATIONCLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR OTHER LOSS ARISING OUT MISAPPROPRIATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CAUSED BY YOUR USE LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF OR INABILITY A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES IS THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES WEBSITE AND PRODUCTS ARE PROVIDED OFFERED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY KnowDis EXPRESSLY DISCLAIM S DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECUREPRODUCTS OR WEBSITE CONTENT, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED RELIANCE UPON OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE WEBSITE CONTENT OR DATA THAT RESULTS FROM PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE USE GENERALITY OF THE SERVICES FOREGOING, KnowDis MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE DOWNLOAD OF ANY SUCH MATERIALLINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. AS TO THE TERMS. Limitation of Liability YOU AGREE RESULTS THAT PROCESS FACTORY SHALL, IN NO EVENT, MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR OBTAINED FROM THE USE OF THE PRODUCTS OR INABILITY TO USE THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICEWEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, EVEN IF PROCESS FACTORY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEYOU.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Warranties. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU EXPRESSLY UNDERSTAND PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND AGREE THAT RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY. COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES COMPANY OR REPRESENTATIVES THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS TERMS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICESERVICE AND USE.

Appears in 1 contract

Samples: www.hoopdoc.com

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICES WEBSITE AND PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED HEREIN IS PROVIDED ON AN AS-"AS IS-AND-AS-AVAILABLE " AND "AS AVAILABLE" BASIS. PROCESS FACTORY WE EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TO, LIMITED TO THE IM PLIED IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. PROCESS FACTORY MAKES WE MAKE NO WARRANTY THAT (i) THE SERVICES WEBSITE OR CONTEST WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR CONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR CONTEST WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR CONTEST WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES US OR REPRESENTATIVES SHALL THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS. Limitation of Liability YOU AGREE TO THE EXTENT THAT PROCESS FACTORY SHALLANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICETHIS SECTION WILL CONTROL.

Appears in 1 contract

Samples: Work for Hire Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: YOUR USE OF THE SERVICES PRODUCT IS AT YOUR SOLE RISK. THE SERVICES ARE PRODUCT IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE ” AND “AS AVAILABLE” BASIS. PROCESS FACTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELEASED PARTIES EXPRESSLY DISCLAIM S ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED TOLIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. PROCESS FACTORY MAKES NO WARRANTY RELEASED PARTIES DO NOT WARRANT THAT (i) THE SERVICES PRODUCT WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM GET IT RIGHT ENTERPRISES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PRODUCT WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORAL OR ORALWRITTEN, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES GET IT RIGHT ENTERPRISES OR REPRESENTATIVES THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: www.getitrighttraining.com

Disclaimer of Warranties. You use the Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THAT: (A) YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. , AND THE SERVICES ARE SERVICE IS PROVIDED ON AN AS-“AS IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY ” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIEDIMPLIED, INCLUDING, BUT NOT LIM ITED LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE IM PLIED SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES , AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE. , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , OR MOBILE TELEPHONE, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. RCT MAKES NO ADVICE REPRESENTATION OR INFORMATIONWARRANTY AS TO THE RELIABILITY, WHETHER WRITTEN SAFETY, TIMELINESS, QUALITY, SUITABILITY OR ORAL, AVAILABILITY OF ANY SERVICES OBTAINED BY FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS THE ENTIRE RISK ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO USE THE SERVICE, EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID MAXIMUM EXTENT PERMITTED BY YOU TOWARDS SUCH SERVICELAW.

Appears in 1 contract

Samples: www.stthomas.ca

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE PROVIDING THE SERVICES ON AN "AS IS" BASIS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS FACTORY EXPRESSLY DISCLAIM S ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IM PLIED, INCLUDING, BUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, OR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES SERVICES, THE ACCURACY OR THE DOWNLOAD RELIABILITY OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONINFORMATION OBTAINED THROUGH THE SERVICES, WHETHER WRITTEN OR ORAL, OBTAINED THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM PROCESS FACTORYTHE ACCOUNTS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, ITS EM PLOYEES BE UNINTERRUPTED, TIMELY, SECURE OR REPRESENTATIVES SHALL CREATE ANY WARRANTY ERROR FREE. EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS PUNITIVE DAMAGES OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICESERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PROCESS FACTORY HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICEDAMAGES.

Appears in 1 contract

Samples: Hawaiiusa Federal Credit Union Online Services Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.