Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES...
Disclaimers Limitations of Liability a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services.
Disclaimers Limitations of Liability. 8.1 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, SUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR AT LAW, WITH RESPECT TO THE SERVICES AND SUPPLEMENTAL SERVICES PROVIDED OR TO BE PROVIDED BY SUPPLIER HEREUNDER, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPLETENESS OR ACCURACY OF ANY INFORMATION RECORDED, PROCESSED OR TRANSMITTED BY SUPPLIER. EXCEPT FOR SUPPLIER'S INDEMNIFICATION OBLIGATION UNDER SECTION 7.2 ABOVE, BUYER'S SOLE REMEDY AND SUPPLIER'S SOLE RESPONSIBILITY WITH RESPECT TO ANY ERRORS OR OMISSIONS IN INFORMATION TRANSMITTED BY SUPPLIER SHALL BE LIMITED TO CORRECTION OF SUCH ERRORS OR OMISSIONS AND RETRANSMISSION OF THE CORRECTED INFORMATION AT NO ADDITIONAL EXPENSE TO BUYER.
Disclaimers Limitations of Liability. A. Listing Condition and History Disclaimer ALL LISTINGS ARE SOLD "AS IS WHERE IS" All Listings offered for sale through EXA are sold "AS IS WHERE IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. EXA expressly disclaims the accuracy or completeness of any and all information provided to Members regarding Listings, whether provided in written, verbal or digital image form ("Listing Information"). Listing Information provided by EXA is for convenience only. Members shall not rely on Listing Information in deciding whether or how much to bid on a Listing purchased through EXA. Listing Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, Listing identification number (e.g., “VIN,” “HIN” and serial number), title, repair cost, repair history, title history and total loss history. It is the Buyer’s responsibility to verify whether a Listing has any warranty. EXA does not make and expressly disclaims any and all representations, warranties and guarantees regarding Listings sold through the Website. EXA does not guarantee that keys are available for any Listing sold through the Website, regardless of whether keys are present in online Listing images or were present in the Listing prior to the time of purchase. Certain jurisdictions permit Listings to be sold with missing VIN plates; as a result, EXA does not guarantee that Listings are equipped with any or all VIN plates. Parts may be missing. EXA does not guarantee that Listings meet or can be modified to meet federal, state, or local emission and/or safety requirements. It is the sole responsibility of Buyer to ascertain, confirm, research, inspect and/or investigate Listings and any and all Listing Information prior to bidding on Listings. All Members agree that Listings sold through EXA are sold “AS IS” and are not represented as being in a road-worthy condition, mechanically sound or maintained at any guaranteed level of quality. Listings may have latent, hidden, or undisclosed damage or other conditions that are not immediately apparent or discoverable. The Listings may not be fit for use as a means of transportation and may require substantial repairs at your expense.
Disclaimers Limitations of Liability. 8.1 The Software shall perform in accordance with the Documentation during the Subscription Period. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY RAPID IN THIS SECTION ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND RAPID MAKES NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, OR OF TRADE WITH RESPECT TO ITS SOFTWARE, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CUSTOMER’S EXCLUSIVE REMEDIES AND RAPID’S SOLE LIABILITY FOR ANY NON-CONFORMITY OR DEFECT IN THE SOFTWARE SHALL BE THOSE EXPRESSED HEREIN. RAPID PROVIDES NO WARRANTIES FOR SOFTWARE DESIGNATED AS OBSOLETE BY RAPID EITHER IN WRITTEN NOTICE TO CUSTOMER OR OTHERWISE POSTED ON RAPID’S WEBSITE. Customer shall be solely responsible for, and Rapid shall have no obligation to honor, any promises or warranties that Customer may provide to its customers or any third party with respect to any results provided to, or generated by, or as the result of the implementation of the Software. Customer shall indemnify, defend and hold harmless Rapid from and against any and all losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of, related to or in connection with any such promises or warranties, whether express, implied, statutory or otherwise, and to pay any settlement or damages awarded a third party as a result of any action based on such promise or warranty.
Disclaimers Limitations of Liability a. No Indirect Damages b. Limitation of Liability c. Cookie Duration
Disclaimers Limitations of Liability. 1. JOHN DEERE SHALL BE LIABLE UNDER THE TERMS OF THIS AGREEMENT ONLY IN ACCORDANCE WITH THE PROVISIONS SET OUT UNDER (a) TO (f):
Disclaimers Limitations of Liability. (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimers Limitations of Liability. 8.1 The Software shall perform in accordance with the Documentation during the Subscription Period. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY RAPID ABOVE, TO THE FULLEST EXTENT ALLOWED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND RAPID DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Customer shall be solely responsible for, and Rapid shall have no obligation to honor, any promises or warranties that Customer may provide to its customers or any third party with respect to any results provided to, or generated by, or as the result of the implementation of the Software. Customer shall indemnify, defend and hold harmless Rapid from and against any and all losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of, related to or in connection with any such promises or warranties, whether express, implied, statutory or otherwise, and to pay any settlement or damages awarded a third party as a result of any action based on such promise or warranty.
Disclaimers Limitations of Liability. 1. Surfer make no representations or warranties about the suitability, reliability, availability, timeliness, fitness for a particular purpose, title and non-infringement, security or accuracy of the Surfer Services or the Affiliate Program.
