Common use of Disclaimers of Warranties Clause in Contracts

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

Appears in 4 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

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Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 4 contracts

Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWARETREND MICRO EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN TREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 3 contracts

Samples: SSL Basic Terms of Service, SSL Basic Terms of Service, www.trendmicro.co.jp

Disclaimers of Warranties. PLEASE NOTE a) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: LICENSED INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING OR THE SOFTWAREPROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. EXCEPT AS EXPRESSLY WARRANTED HEREIN, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALTISOURCE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR NON-INFRINGEMENTUSAGE OF TRADE. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ALTISOURCE DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, MEET ALL OF OCWEN’S REQUIREMENTS OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSSOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), OFFERINGSBE FREE FROM PROGRAMMING OR OTHER ERRORS, OR CONTENTWILL BE SAFE FROM VIRUSES, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, WORMS OR OTHERWISESECURITY BREACHES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTIES ON ALTISOURCE’S BEHALF.

Appears in 3 contracts

Samples: Intellectual Property Agreement (Ocwen Financial Corp), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.)

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESEXCEPT AS SET FORTH IN SECTION 10(A), INCLUDING THE SOFTWARENEITHER ANTHEM NOR ANTHEM’S LICENSORS AND OTHER BUSINESS PARTNERS (INCLUDING, PRODUCTSWITHOUT LIMITATION, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANTHEM) MAKE ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE OR PURPOSE AND NONINFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY REGARDING THE ANTHEM SERVICE OR NON-INFRINGEMENTANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, THE ANTHEM SERVICE PROVIDERS, OR SUPPLIERS WARRANT AND THE ANTHEM SITE ARE PROVIDED “AS IS” AND THERE IS NO WARRANTY THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE ANTHEM SERVICES AND THE ANTHEM SITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-UNINTERRUPTED, IMPERVIOUS TO “HACKERS”, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT ANTHEM MAKES NO ADVICE WARRANTIES REGARDING, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY COVERAGE, RIGHT TO COVERAGE, ELIGIBILITY, CLAIMS, ENROLLMENT, BENEFITS, PREMIUMS, CONDITIONS, EXCLUSIONS OR INFORMATION, OBTAINED ANY OTHER TERMS WHICH MAY BE AVAILABLE OR AGREED TO UNDER ANY SUCH AGREEMENTS ENTERED INTO WITH OR POLICIES ISSUED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTVENDORS.

Appears in 2 contracts

Samples: Inquiry Producer Usage Agreement, Producer Usage Agreement

Disclaimers of Warranties. PLEASE NOTE A. NASDAQ WILL ENDEAVOR TO OFFER THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF WARRANTIESA FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR ANY REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICESNASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY KIND, EITHER EXPRESS MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE SERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR IMPLIEDREFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR EVENT THAT THE SERVERS SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAKE MAY BE AVAILABLE PURSUANT TO THE SERVICES AVAILABLE ARE FREE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA NASDAQ U.S. EXCHANGE.

Appears in 2 contracts

Samples: S. Services Agreement, S. Services Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS 6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION AND CONTENT AND MATERIALS WITHIN THE SERVICES, ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM AND YOU HEREBY WAIVE ALL WARRANTIES, EXPRESS OR IMPLIEDOTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS XXXXXXXX XXXXXXX DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES OPERATION OF ANY CAROLINA THEATRE SERVICE, DATABASE OR OTHER MATERIAL OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY CAROLINA THEATRE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREEERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, THAT DEFECTS SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED, . IN NO EVENT SHALL CAROLINA THEATRE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR THAT PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE SUBJECT MATTER OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICESTHIS WEBSITE, IN TERMS OF THEIR CORRECTNESSCONTRACT, ACCURACYTORT, RELIABILITY, STRICT LIABILITY OR OTHERWISE. FURTHERSOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH SO SOME OF THE SERVICES SHALL CREATE ANY WARRANTY ABOVE EXCLUSIONS MAY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLY TO YOU.

Appears in 2 contracts

Samples: carolinatheatre.com, carolinatheatre.com

Disclaimers of Warranties. PLEASE NOTE PURCHASER UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT IT IS PURCHASING EACH AIRCRAFT “AS IS’ AND “WHERE IS” AND THAT EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS WARRANTY OF WARRANTIES: GOOD, MARKETABLE TITLE TO THE SERVICESAPPLICABLE AIRCRAFT, FREE AND CLEAR OF ANY AND ALL LIENS ARISING BY, THROUGH OR UNDER SELLER OR THE APPLICABLE OWNER PARTICIPANT, THE APPLICABLE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE SOFTWAREAIRFRAMES AND ANY ENGINE, PRODUCTSAPU, OFFERINGSLANDING GEAR, CONTENT COMPONENT, EQUIPMENT AND MATERIALS WITHIN PART INSTALLED THEREON, AND ANY OF THE SERVICESTECHNICAL DOCUMENTS APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR INFORMATION SOLD AND PROVIDED HEREUNDER) ARE SOLD AND PROVIDED ON AN “AS IS” “WHERE IS” BASIS, WITH ALL FAULTS AND WITHOUT RECOURSE TO SELLER OR THE APPLICABLE OWNER PARTICIPANT. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE OBLIGATIONS AND LIABILITIES OF SELLER AND THE APPLICABLE OWNER PARTICIPANT HEREUNDER ARE EXPRESSLY IN LIEU OF, AND SELLER AND THE APPLICABLE OWNER PARTICIPANT WILL NOT BE DEEMED TO HAVE MADE, AND PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY AND ALL RIGHTS AND REMEDIES IT MAY HAVE AGAINST SELLER OR THE APPLICABLE OWNER PARTICIPANT, WHETHER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY IN TORT OR ARISING FROM NEGLIGENCE, STRICT LIABILITY OR FOR LOSS OR INTERRUPTION OF USE, PROFIT OR BUSINESS OR OTHER CONSEQUENTIAL INJURY, RELATING TO ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, DUTIES, OBLIGATIONS, LIABILITIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE APPLICABLE AIRCRAFT OR THE AIRWORTHINESS THEREOF (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYTHE AIRFRAMES AND ANY ENGINE, FITNESS FOR PARTICULAR PURPOSEAPU, COMPATIBILITYLANDING GEAR, SECURITYCOMPONENT, ACCURACY OR NON-INFRINGEMENT. NEITHER USEQUIPMENT AND PART INSTALLED THEREON, NOR AND ANY OF OUR SUBSIDIARIES THE TECHNICAL DOCUMENTS AND OTHER DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR AFFILIATESINFORMATION SOLD AND PROVIDED HEREUNDER), NOR OR THE VALUE, CONDITION, DESIGN, OPERATION, DURABILITY OR COMPLIANCE WITH SPECIFICATION OF SUCH AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF OUR THE AIRCRAFT DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENTINFORMATION SOLD AND PROVIDED HEREUNDER), INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY BUT NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.LIMITED TO:

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Hawaiian Holdings Inc)

Disclaimers of Warranties. PLEASE NOTE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: LICENSED INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING OR THE SOFTWAREPROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. EXCEPT AS EXPRESSLY WARRANTED HEREIN, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALTISOURCE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR NON-INFRINGEMENTUSAGE OF TRADE. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ALTISOURCE DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET ALL OF OCWEN’S REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSSOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), OFFERINGSBE FREE FROM PROGRAMMING OR OTHER ERRORS, OR CONTENTWILL BE SAFE FROM VIRUSES, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYWORMS, OR OTHERWISESECURITY BREACHES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTIES ON ALTISOURCE’S BEHALF.

Appears in 2 contracts

Samples: Intellectual Property Agreement (Altisource Portfolio Solutions S.A.), Intellectual Property Agreement (Ocwen Financial Corp)

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH CCCU ARE BEING PROVIDED “AS IS” AND WITHOUT “AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL CCCU THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitations on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CCCU AND YOU. CCCU WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY US IN EXCESS OF $1.00. THIS LIMITED REMEDY IS AGREED TO BY YOU AND CCCU AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYSATISFACTORY QUALITY AND NONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, SECURITYGEOTRUST DOES NOT MAKE ANY REPRESENTATION, ACCURACY OR NON-INFRINGEMENT. NEITHER USWARRANTY, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESGUARANTEE, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 2 contracts

Samples: Subscriber Agreement, Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE AGILE DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING AGILE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AGILE, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN AGILE MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHERDISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER AGILE NOR THE AGILE ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENTSERVICES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Agile makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

Appears in 1 contract

Samples: Boces Letter Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD- PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY TITLE AND NON- INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR NON-INFRINGEMENT. NEITHER USTHE SERVICES WILL MEET YOUR REQUIREMENTS, NOR WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL MX THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitations on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Firstlight Federal Credit Union

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED “AS IS” AND WITHOUT “AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, its affiliates, and our and their respective third-party providers, partners, licensors, employees, distributors and agents DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREESECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE QUALITY OF ANY PRODUCTS, OFFERINGSSERVICES, INFORMATION, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OTHER MATERIALS PURCHASED OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITE AND/OR THE SERVICES SHALL CREATE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY WARRANTY NOT EXPRESSLY PROVIDED FOR ERRORS IN THE AGREEMENT.TECHNOLOGY WILL BE CORRECTED,

Appears in 1 contract

Samples: www.ent.com

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, xxxxxx’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, SOLAR OUTPUT, OR BILL CREDIT AMOUNT. DURING THE FOLLOWING IMPORTANT DISCLAIMERS TERM, YOUR ALLOCATION OF WARRANTIES: BILL CREDITS MAY VARY DUE TO WEATHER CONDITIONS, OUTAGES AT THE SERVICESFACILITY OR ON THE UTILITY GRID, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDFOR OTHER REASONS. WE DISCLAIM DO NOT SELL, TRANSMIT OR DISTRIBUTE SOLAR ELECTRICITY TO YOU UNDER THIS AGREEMENT. WE DO NOT PROVIDE YOU WITH OWNERSHIP OF, OR ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF OR THE PROGRAM OR THE BILL CREDIT RATE, OR THAT THE UTILITY WILL NOT MAKE ANY CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE UTILITY TARIFF OR THE PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTY OR GUARANTEE TO YOU, EXPRESS, IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, AND ASSUME NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, WITH RESPECT TO THE SUBJECT MATTER HEREOF OR IN CONNECTION HEREWITH, AND YOU HEREBY DISCLAIM, WAIVE AND RELEASE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, IMPLIED OR IMPOSED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY OF TITLE OR IMPLIED WARRANTIES MERCHANTABILITY AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT DTD AND MATERIALS WITHIN THE SERVICES, PRODUCT DATA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES TRANSAXLE LLC (ON BEHALF OF ANY KINDITSELF AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR NON-INFRINGEMENTSYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER US, NOR ANY TRANSAXLE LLC (ON BEHALF OF OUR SUBSIDIARIES OR ITSELF AND ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, OR SUPPLIERS ) DOES NOT WARRANT THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE SERVICES DTD AND PRODUCT DATA WILL MEET YOUR OR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR ERROR-FREEWORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, FREE OF FROM BUGS, VIRUSES OR ERRORS OR OTHER HARMFUL COMPONENTSPROGRAM LIMITATIONS. NEITHER USYOU ACKNOWLEDGES AND AGREES THAT ITS USE OF AND ANY RELIANCE UPON THE DTD AND PRODUCT DATA IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE DTD MAY NOT BE AVAILABLE, NOR DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRANSAXLE LLC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRANSAXLE LLC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF OUR SUBSIDIARIES SERVICE ATTACKS OR AFFILIATESSIMILAR ATTACKS, NOR OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. YOU ACKNOWLEDGE THAT TRANSAXLE LLC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF OUR DATA. TRANSAXLE LLC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR THE ACTIONS OR THEIR RESPECTIVE LICENSORSINACTIONS OF THIRD-PARTY SYSTEMS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE LICENSORS THAT TRANSAXLE LLC USES TO PROVIDER THE DTD, INCLUDING ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FAILURE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTPERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Binding Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-PURPOSE AND NON- INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 6, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEGEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GEOTRUST OR THROUGH THE GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE WESTLAND PROVIDES THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITE "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNON- INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, ACCURACY TRADE, USAGE OR NON-INFRINGEMENTPERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITE. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESWE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, INCLUDING THE SOFTWARESOLAR OUTPUT, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDXXXX CREDIT AMOUNT. WE DISCLAIM ALL WARRANTIESDO NOT SELL, EXPRESS TRANSMIT OR IMPLIED, INCLUDING BUT DISTRIBUTE SOLAR ELECTRICITY TO YOU UNDER THIS AGREEMENT. WE DO NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSPROVIDE YOU WITH OWNERSHIP OF, OR SUPPLIERS ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES THERE WILL BE UNINTERRUPTED NO CHANGES TO THE TARIFF OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDTHE PROGRAM OR THE XXXX CREDIT RATE, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR UTILITY WILL NOT MAKE ANY REPRESENTATIONS REGARDING CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE USE UTILITY TARIFF OR THE RESULTS PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER USWE, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THE SERVICES THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THE SERVICES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER US, WE NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN, OR CONTENTOFFERED THROUGH, INCLUDING, WITHOUT LIMITATION, THE SERVICES, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE AGILE DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING AGILE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED Agile Sports Technologies, Inc. 000 X Xx. | Xxxxxxx, XX 00000 | 402-817-0060 ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AGILE, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN AGILE MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHERDISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER AGILE NOR THE AGILE ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENTSERVICES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Agile makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

Appears in 1 contract

Samples: Boces Letter Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL MX THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitations on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: www.suffolkfcu.org

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE TRUSTMARK AS WELL AS ALL SOFTWARE, PRODUCTSMATERIALS, OFFERINGS, CONTENT AND MATERIALS WITHIN TECHNOLOGY USED TO PROVIDE ANY OF THE SERVICESFOREGOING, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KINDCOMPANY AND ITS LICENSORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE TRUSTMARK, DOCUMENTATION OR OTHER ACCOMPANYING MATERIAL OR SERVICES. COMPANY SPECIFICALLY DISCLAIMS (AND EARNER WAIVES) ALL EXPRESS OR IMPLIED. WE DISCLAIM ALL AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR AND NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. IMPLIED WARRANTIES ON THE TRUSTMARK THAT CANNOT BE LEGALLY DISCLAIMED, IF ANY, ARE LIMITED TO THIRTY (30) DAYS. ALL UNIFORM COMMERCIAL CODE WARRANTIES ARE EXPRESSLY DISCLAIMED BY COMPANY. COMPANY DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES OPERATION OR OTHER USE OF THE TRUSTMARK WILL BE UNINTERRUPTED OR ERROR-FREEERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO EARNER’S DATA, COMPUTERS OR NETWORKS OR THAT DEFECTS ERRORS WITH THE TRUSTMARK WILL BE CORRECTEDFIXED BY COMPANY. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SERVICES OR ANY TECHNICAL SUPPORT AND THE PARTIES AGREE THAT COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR COMPANY’S ACTIONS OR OMISSIONS IN PROVIDING SERVICES OR SUPPORT SERVICES. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, OR THAT SO THE SERVERS THAT MAKE ABOVE LIMITATION MAY NOT FULLY APPLY TO EARNER TO THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTEXTENT REQUIRED TO COMPLY WITH APPLICABLE LAW.

Appears in 1 contract

Samples: Trustmark License Agreement and Terms

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS CONNECTOR’S USE OF WARRANTIES: THE SERVICES, INCLUDING REFERRAL TOOL AND WEBSITE IS AT YOUR SOLE RISK. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT REFERRAL TOOL AND MATERIALS WITHIN THE SERVICES, WEBSITE ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES “AS AVAILABLE” BASIS. UNCOMMONGOOD AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIESSTATUTORY, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER USUNCOMMONGOOD AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT THE REFERRAL TOOL OR WEBSITE (A) WILL MEET YOUR REQUIREMENTS, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES (B) WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT DEFECTS MAY BE OBTAINED FROM ITS USE WILL BE CORRECTEDACCURATE OR RELIABLE, OR THAT (D) THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE QUALITY OF ANY PRODUCTS, OFFERINGSSERVICES, INFORMATION, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, OTHER MATERIAL COMPRISED IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEASSOCIATED WITH IT WILL MEET YOUR EXPECTATIONS. FURTHER, PLEASE NOTE WE MAY, AT OUR SOLE DISCRETION, STOP SERVICE OF THE REFERRAL TOOL OR WEBSITE AT ANY TIME WITHOUT LIABILITY TO THE CONNECTOR. ALSO, WE DISCLAIM LIABILITY TO THE CONNECTOR TO THE SAME EXTENT AS TO INCIDENTS ARISING FROM THIRD-PARTY ELEMENTS OR SERVICES THAT NO ADVICE THE REFERRAL TOOL OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWEBSITE USES.

Appears in 1 contract

Samples: Referral Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED TO USER “AS IS, WHERE IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, EITHER EXPRESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS: (A) DO NOT WARRANT THE ACCURACY, COMPLETENESS, COMPREHENSIVENESS OR IMPLIED. WE CURRENCY OF THE SERVICES OR SERVICES, THE CONTENT PROVIDED THEREON OR THE FORMS, REPORTS OR RESPONSES GENERATED FROM THE SERVICES; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND NON‐INFRINGEMENT. USER IS INSTRUCTED TO USE THE COMPANY’S SERVICES AND SERVICES AT THEIR OWN RISK. THE COMPANY MAKES NO WARRANTY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES GUARANTEE THAT THE SERVICES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, AVAILABLE AT ANY TIME OR ERROR-FREEFROM A PARTICULAR LOCATION, SECURE OR ERROR‐FREE, THAT DEFECTS WILL BE CORRECTED, CORRECTED OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE IS/ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NEITHER USNOTWITHSTANDING THE FOREGOING, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESTHE COMPANY AGREES THAT IT WILL USE ITS COMMERCIALLY REASONABLE BEST EFFORTS TO MAINTAIN THE SECURITY, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSCOMPLETENESS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS COMPREHENSIVENESS AND CURRENCY OF THE USE OF ANY PRODUCTS, OFFERINGS, SERVICES FROM VIRUSES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.OTHER POTENTIALLY HARMFUL COMPONENTS..

Appears in 1 contract

Samples: Syncstream Solutions Subscription Services Agreement

Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWAREENTRUST EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY ENTRUST AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ENTRUST FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY ENTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO ENTRUST AND RELIED UPON BY A RELYING PARTY. ENTRUST DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. ENTRUST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN ENTRUST TREND MICRO SSL’S CPS. Entrust provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Entrust is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: SSL Basic Terms of Service

Disclaimers of Warranties. PLEASE NOTE AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: EXCHANGE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION THEREWITH AND MATERIALS WITHIN THAT THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT BASIS AT AUTHORIZED CUSTOMER’S SOLE RISK. THE EXCHANGE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE EXCHANGE, NASDAQ NOR THEIR DIRECTORS, MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES, OR AGENTS MAKE ANY KINDWARRANTY WITH RESPECT TO, EITHER EXPRESS AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO AUTHORIZED CUSTOMER FOR, (I) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, OR IMPLIEDCONTINUED AVAILABILITY OF THE SERVICES, (II) ERRORS, DEFECTS, DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE SERVICES, (III) THE CREDITWORTHINESS OF ANY OTHER AUTHORIZED CUSTOMER, OR (IV) THE ACTS OR OMISSIONS OF ANY USERS AUTHORIZED BY AUTHORIZED CUSTOMER TO USE THE SERVICES ON BEHALF OF AUTHORIZED CUSTOMER. WE DISCLAIM ALL WARRANTIESTHE EXCHANGE WILL HAVE NO DUTY OR OBLIGATION TO VERIFY THE ACCURACY OR CORRECTNESS OF ANY INFORMATION MADE AVAILABLE THROUGH OR ON THE SERVICES. AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCHANGE DOES NOT AND SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY DECISIONS MADE BY AUTHORIZED CUSTOMER AND THAT THE EXCHANGE IS NOT A FIDUCIARY OF AUTHORIZED CUSTOMER. WITHOUT LIMITATION OF THE FOREGOING, EXPRESS THE AUTHORIZED CUSTOMER ACKNOWLEDGES, AGREES AND ACCEPTS THAT THE EXCHANGE SHALL HAVE NO LIABILITY OR IMPLIEDRESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO THE AUTHORIZED CUSTOMER’S RELATIONSHIP OR DEALINGS WITH ITS OWN CUSTOMERS, INCLUDING BUT NOT LIMITED TO WARRANTIES THE EXECUTION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE TRANSACTIONS OR THE RESULTS ACCURACY OF ANY INFORMATION SUBMITTED THROUGH THE TRADING SYSTEM IN CONNECTION WITH THE AUTHORIZED CUSTOMER’S USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS ALL OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH WHICH SHALL BE THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN SOLE RESPONSIBILITY OF THE AGREEMENTAUTHORIZED CUSTOMER.

Appears in 1 contract

Samples: Agreement

Disclaimers of Warranties. PLEASE NOTE HAYMARKET RECRUITING DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR­FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING HAYMARKET RECRUITING IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HAYMARKET RECRUITING, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN HAYMARKET RECRUITING MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHER3 of 4 DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER HAYMARKET RECRUITING NOR THE HAYMARKET RECRUITING ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENT.SERVICES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations

Appears in 1 contract

Samples: static.hudl.com

Disclaimers of Warranties. PLEASE NOTE YOU AGREE THAT USE OF THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT WEBSITE AND MATERIALS WITHIN THE SERVICES, APPLICATIONS IS AT YOUR SOLE RISK. OUR WEBSITE AND APPLICATIONS ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES OF ANY KIND"AS AVAILABLE" BASIS. SALES LEAD MULTIPLIER INC. ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESAGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, EXPRESS OR IMPLIEDCOMPLETENESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYCURRENTNESS, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSMERCHANTABILITY, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES WILL INFORMATION, MATERIALS AND APPLICATIONS AVAILABLE THROUGH OUR WEBSITE OR APPLICATIONS. WE DO NOT GUARANTEE OUR WEBSITE OR APPLICATIONS TO BE UNINTERRUPTED OR ERROR-ERROR- FREE, THAT DEFECTS WILL BE CORRECTEDSECURE, CONTINUOUSLY AVAILABLE OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER USTO THE EXTENT ALLOWED UNDER LAW, NOR ANY SALES LEAD MULTIPLIER INC. DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OUR SUBSIDIARIES MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE, AND NONINFRINGEMENT. SALES LEAD MULTIPLIER DOES NOT GUARANTEE THAT THE APPLICATIONS WILL FUNCTION WITHOUT INTERRUPTION OR AFFILIATESERRORS. SALES LEAD MULTIPLIER INC. PROVIDES THE APPLICATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS AS TO THE CONTENT, NOR ANY OF OUR QUALITY, SUITABILITY, FUNCTIONALITY OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LEGALITY OF ANY PRODUCTSINFORMATION, OFFERINGSGOODS, OR CONTENTSERVICES THAT YOU OR OTHER USERS OFFER, OR TO WHICH YOU OR OTHER USERS MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO YOUR INFORMATION, GOODS, AND SERVICES OR THOSE OF OTHER USERS. ALL MATTERS CONCERNING SUCH INFORMATION, GOODS, OR SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE, AND DELIVERY, ARE SOLELY BETWEEN YOU AND THE SERVICESCONTACTS WITH WHOM YOU CHOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY OF YOUR INFORMATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYGOODS, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PROVIDED BY YOU FROM OUR PERSONNEL OR THROUGH OTHER USERS. YOU WILL NOT CONSIDER US - NOR WILL WE BE DEEMED - A PARTY TO SUCH TRANSACTIONS, WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REMUNERATION IN CONNECTION WITH THE SERVICES SHALL CREATE TRANSACTION. WE WILL NOT BE LIABLE FOR ANY WARRANTY COSTS OR DAMAGES ARISING OUT OF ANY TRANSACTION (WHETHER DIRECTLY OR INDIRECTLY) BETWEEN YOU AND ANY OTHER PERSON OR ENTITY. SOME LAWS DO NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement and Terms of Use

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, XXXXXX'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. THAWTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR THAWTE DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES THAWTE MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH THAWTE'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THAWTE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THAWTE IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESWE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, INCLUDING THE SOFTWARESOLAR OUTPUT, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDBILL CREDIT AMOUNT. WE DISCLAIM ALL WARRANTIESDO NOT SELL, EXPRESS TRANSMIT OR IMPLIED, INCLUDING BUT DISTRIBUTE SOLAR ELECTRICITY TO YOU UNDER THIS AGREEMENT. WE DO NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSPROVIDE YOU WITH OWNERSHIP OF, OR SUPPLIERS ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES THERE WILL BE UNINTERRUPTED NO CHANGES TO THE TARIFF OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDTHE PROGRAM OR THE BILL CREDIT RATE, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR UTILITY WILL NOT MAKE ANY REPRESENTATIONS REGARDING CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE USE UTILITY TARIFF OR THE RESULTS PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES OR TO YOUR DOWNLOADING OF WARRANTIES: ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING SERVICES IS AT YOUR OWN RISK. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM NEITHER REGROUP NOR ANY PERSON ASSOCIATED WITH REGROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, QUALITY, OR ACCURACY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER REGROUP NOR ANYONE ASSOCIATED WITH REGROUP REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED (WITH THE EXCEPTION OF KNOWN SECURITY VULNERABILITES ON REGROUP’S PLATFORM, WHICH WILL BE ADDRESSED BY REGROUP AS SOON AS POSSIBLE), OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. REGROUP HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY . THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: RALS-LiNK SAAS SOLUTION IS AT YOUR OWN RISK AND THAT TO THE SERVICESEXTENT PERMITTED BY LAW, INCLUDING THE SOFTWAREENTIRE RISK AS TO SATISFACTORY QUALITY, PRODUCTSPERFORMANCE, OFFERINGSACCURACY AND EFFORT LIES WITH YOU. Any content included in the RALS-LiNK SaaS Solution is for the purpose of providing information to permit the analysis of Your Data. Although Abbott believes the data displayed in the RALS-LiNK SaaS Solution to be accurate at the time it is transmitted to the RALS-LiNK SaaS Solution, CONTENT Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event xxxx Xxxxxx be liable to You for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the RALS-LiNK SaaS Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND MATERIALS WITHIN ITS THIRD PARTY PROVIDERS PROVIDE THE SERVICES, ARE PROVIDED RALS-LiNK SAAS SOLUTION “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND HEREBY DISCLAIM ALL WARRANTIESOTHER WARRANTIES AND CONDITIONS, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Abbott, COMPATIBILITYits affiliates and its third-party providers do not guarantee that the functions contained in the RALS-LiNK SaaS Solution will meet Your requirements or that its operation will be uninterrupted or error-free. To the extent that applicable law requires Abbott to provide warranties, SECURITYYou agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law. IN NO EVENT SHALL ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION FOR ANY THIRD- PARTY HARDWARE OR SOFTWARE, ACCURACY AND ABBOTT DISCLAIMS ALL LIABILITY FOR ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR NON-INFRINGEMENT. NEITHER US, NOR CLAIMS AGAINST ABBOTT OR ANY OF OUR SUBSIDIARIES OR ITS AFFILIATES, NOR ANY OF OUR AGENTS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSASSIGNEES, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS AND CONDITIONS. SOME COUNTRIES, STATES, PROVINCES, AND/OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY EXTENT NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTALLOWED.

Appears in 1 contract

Samples: ralslink.com

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Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF WARRANTIES: THE SERVICESHALO INVESTING CONTENT IS NOT GUARANTEED. HALO INVESTING RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE HALO INVESTING CONTENT AT ANY TIME, INCLUDING WITHOUT NOTICE. HOWEVER, HALO INVESTING MAKES NO COMMITMENT TO UPDATE THE SOFTWARE, PRODUCTS, OFFERINGS, INFORMATION AND YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE PLATFORM. THE HALO INVESTING CONTENT AND MATERIALS WITHIN THE SERVICES, ARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES “AS AVAILABLE.” HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE HALO INVESTING CONTENT, TEXTS, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PLATFORM. HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) PROVIDE NO GUARANTY AGAINST THE POSSIBILITY OF DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY KINDPART OF THE HALO INVESTING CONTENT OR OF UNAUTHORIZED USE BY YOU OF THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EITHER EXPRESS OR IMPLIED. WE HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMARKETABILITY, PROFITABILITY, SUITABILITY, NONINFRINGEMENT, SECURITY, ACCURACY NONINTERFERENCE, TITLE, ACCURACY, ERROR-FREE AND UNINTERRUPTED SERVICES, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. NEITHER USHALO INVESTING, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEGUARANTY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (a) THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR THE HALO INVESTING CONTENT, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES, IN TERMS HALO INVESTING CONTENT OR ANY DELAY OR LOSS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYUSE OF THE HALO INVESTING CONTENT, OR OTHERWISE(b) PLATFORM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE PLATFORM OR THE HALO INVESTING CONTENT. FURTHER, PLEASE NOTE ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONINFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL HALO INVESTING OR THROUGH THE SERVICES SHALL PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR STATED IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: notes.haloinvesting.com

Disclaimers of Warranties. PLEASE NOTE A. NASDAQ WILL ENDEAVOR TO OFFER THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF WARRANTIESA FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR ANY REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICESNASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY KIND, EITHER EXPRESS MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE SERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR IMPLIEDREFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR EVENT THAT THE SERVERS SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAKE MAY BE AVAILABLE PURSUANT TO THE SERVICES AVAILABLE ARE FREE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA NASDAQ U.S. EXCHANGE.

Appears in 1 contract

Samples: S. Services Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Business Associate Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, VERISIGN’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN DO NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH VERISIGN’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERISIGN’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SYMANTEC’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC DO NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH SYMANTEC’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SYMANTEC’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES7.1 BHGE MAKES NO, INCLUDING THE SOFTWAREAND HEREBY DISCLAIMS ANY AND ALL, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR STATUTORY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS-IS” AND WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING, BHGE HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYSYSTEM INTEGRATION, SECURITY, ACCURACY TITLE OR NON-INFRINGEMENTINFRINGEMENT OR WITH REGARD TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY DATA OR OTHER OUTPUT OF THE SOFTWARE. NEITHER US, NOR BHGE DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT WARRANTY THAT ANY FUNCTION CONTAINED IN THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET LICENSEE’S REQUIREMENTS, OR THAT THE SERVERS SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSDEFECTS, IF ANY, WILL BE CORRECTED. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES BHGE MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE USE OF SOFTWARE. BHGE ASSUMES NO RESPONSIBILITY FOR ANY PRODUCTS, OFFERINGS, OR CONTENTDAMAGES SUFFERED BY LICENSEE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE SERVICESLOSS OF DATA FROM DELAYS, IN TERMS NONDELIVERIES OF THEIR CORRECTNESSCONTENT OR EMAIL, ACCURACYERRORS, RELIABILITYSYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR OTHERWISE. FURTHERSERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BHGE, PLEASE NOTE THAT NO ADVICE ITS AFFILIATES, ITS LICENSORS, OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL AN END USER’S OWN ERRORS AND/OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTOMISSIONS.

Appears in 1 contract

Samples: Terps® Software License Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, VERISIGN'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 12, NOR VERISIGN DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DO WE MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTTAINED THORUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEOUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL US OR THROUGH THE OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOUR FROM A THIRD PARTY.

Appears in 1 contract

Samples: Authentic Document Service Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, THAWTE'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. THAWTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR THAWTE DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES THAWTE MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH THAWTE'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THAWTE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THAWTE IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 6, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEGEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GEOTRUST OR THROUGH THE GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: SYMPHEOS SAAS SOLUTION IS AT YOUR OWN RISK AND THAT TO THE SERVICESEXTENT PERMITTED BY LAW, INCLUDING THE SOFTWAREENTIRE RISK AS TO SATISFACTORY QUALITY, PRODUCTSPERFORMANCE, OFFERINGSACCURACY AND EFFORT LIES WITH YOU. Any content included in the Sympheos SaaS Solution is for the purpose of providing information to permit the analysis of Your Data. Although Xxxxxx believes the data displayed in the Sympheos SaaS Solution to be accurate at the time it is transmitted to the Sympheos SaaS Solution, CONTENT Xxxxxx makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event xxxx Xxxxxx be liable to You for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the Sympheos SaaS Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX, ITS AFFILIATES AND MATERIALS WITHIN ITS THIRD PARTY PROVIDERS PROVIDE THE SERVICES, ARE PROVIDED SYMPHEOS SAAS SOLUTION “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND HEREBY DISCLAIM ALL WARRANTIESOTHER WARRANTIES AND CONDITIONS, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX OR AN XXXXXX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Xxxxxx, COMPATIBILITYits affiliates and its third-party providers do not guarantee that the functions contained in the Sympheos SaaS Solution will meet Your requirements or that its operation will be uninterrupted or error-free. To the extent that applicable law requires Xxxxxx to provide warranties, SECURITYYou agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law. IN NO EVENT SHALL XXXXXX PROVIDE ANY WARRANTY OR REPRESENTATION FOR ANY THIRD- PARTY HARDWARE OR SOFTWARE, ACCURACY AND XXXXXX DISCLAIMS ALL LIABILITY FOR ANY FAILURES THEREOF. XXXXXX DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR NON-INFRINGEMENT. NEITHER US, NOR CLAIMS AGAINST XXXXXX OR ANY OF OUR SUBSIDIARIES OR ITS AFFILIATES, NOR ANY OF OUR AGENTS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSASSIGNEES, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS AND CONDITIONS. SOME COUNTRIES, STATES, PROVINCES, AND/OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY EXTENT NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTALLOWED.

Appears in 1 contract

Samples: sympheos.abbott

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 14, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Signing Certificate Agreement

Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWARETREND MICRO EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN SECTION 3.10 OF TREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: SSL Basic Terms of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT DTD AND MATERIALS WITHIN THE SERVICES, PRODUCT DATA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES TRC (ON BEHALF OF ANY KINDITSELF AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR NON-INFRINGEMENTSYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER US, NOR ANY TRC (ON BEHALF OF OUR SUBSIDIARIES OR ITSELF AND ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, OR SUPPLIERS ) DOES NOT WARRANT THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE SERVICES DTD AND PRODUCT DATA WILL MEET YOUR OR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR ERROR-FREEWORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, FREE OF FROM BUGS, VIRUSES OR ERRORS OR OTHER HARMFUL COMPONENTSPROGRAM LIMITATIONS. NEITHER USYOU ACKNOWLEDGES AND AGREES THAT ITS USE OF AND ANY RELIANCE UPON THE DTD AND PRODUCT DATA IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE DTD MAY NOT BE AVAILABLE, NOR DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF OUR SUBSIDIARIES SERVICE ATTACKS OR AFFILIATESSIMILAR ATTACKS, NOR OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. YOU ACKNOWLEDGE THAT TRC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF OUR DATA. TRC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR THE ACTIONS OR THEIR RESPECTIVE LICENSORSINACTIONS OF THIRD-PARTY SYSTEMS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE LICENSORS THAT TRC USES TO PROVIDER THE DTD, INCLUDING ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FAILURE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTPERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Binding Agreement

Disclaimers of Warranties. PLEASE NOTE PROPERTY MANAGEMENT COMPANY, AND ENTRATA ON PROPERTY MANAGEMENT COMPANY'S BEHALF, PROVIDE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITES "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITY, ACCURACY OR NON-INFRINGEMENTINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITES. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: cdn.student.com

Disclaimers of Warranties. PLEASE NOTE (a) GRANTEE REPRESENTS THAT IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE FOLLOWING IMPORTANT DISCLAIMERS OPPORTUNITY TO INSPECT THE PROPERTY AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF WARRANTIES: THE SERVICESPURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AGREEMENT), INCLUDING AGREES TO ACCEPT THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT PHYSICAL AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ENVIRONMENTAL CONDITION OF SAME ON AN “AS IS-WHERE ISBASIS SUBJECT TO THE TERMS OF THIS DEED AND WITHOUT WARRANTIES THE PURCHASE AGREEMENT. GRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF ANY KINDTHE OIL AND GAS DRILLING, EITHER EXPRESS PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE PROPERTY. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF THE PURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AGREEMENT), GRANTEE ACKNOWLEDGES THAT THE PROPERTY MAY CONTAIN UNPLUGGED OR IMPLIED. WE DISCLAIM ALL WARRANTIESIMPROPERLY PLUGGED XXXXX, EXPRESS WELLBORES OR IMPLIEDBURIED PIPELINES OR OTHER EQUIPMENT, INCLUDING BUT THE LOCATIONS OF WHICH MAY NOT LIMITED NOW BE KNOWN TO WARRANTIES GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYTHE PROPERTY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSAND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN MAY HAVE HAD, TO PROPERLY PLUG, ABANDON, REMOVE AND/OR RESTORE THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, SAME WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTRECOURSE TO GRANTOR.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. PLEASE NOTE (a) GRANTEE REPRESENTS THAT IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE FOLLOWING IMPORTANT DISCLAIMERS OPPORTUNITY TO INSPECT THE PROPERTIES AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF WARRANTIES: THE SERVICESPURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), INCLUDING AGREES TO ACCEPT THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT PHYSICAL AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ENVIRONMENTAL CONDITION OF SAME ON AN “AS IS-WHERE ISBASIS SUBJECT TO THE TERMS OF THIS CONVEYANCE AND WITHOUT WARRANTIES THE PURCHASE AND SALE AGREEMENT. GRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF ANY KINDTHE OIL AND GAS DRILLING, EITHER EXPRESS PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE MINERAL INTERESTS. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF THE PURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), GRANTEE ACKNOWLEDGES THAT THE PROPERTIES MAY CONTAIN UNPLUGGED OR IMPLIED. WE DISCLAIM ALL WARRANTIESIMPROPERLY PLUGGED XXXXX, EXPRESS WELLBORES OR IMPLIEDBURIED PIPELINES OR OTHER EQUIPMENT, INCLUDING BUT THE LOCATIONS OF WHICH MAY NOT LIMITED NOW BE KNOWN TO WARRANTIES GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYTHE PROPERTY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSAND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN MAY HAVE HAD, TO PROPERLY PLUG, ABANDON, REMOVE AND/OR RESTORE THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, SAME WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTRECOURSE TO GRANTOR.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. PLEASE NOTE YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE THAT, TO THE FOLLOWING IMPORTANT DISCLAIMERS EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. GOLFLER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES: THE SERVICES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USIN ADDITION, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESGOLFLER MAKES NO REPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSWARRANTY, OR SUPPLIERS WARRANT GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOLFLER DOES NOT GUARANTEE THE QUALITY, THAT DEFECTS WILL BE CORRECTEDSUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. USER AGREES THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ENTIRE RISK ARISING OUT OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN TERMS CONNECTION THEREWITH, REMAINS SOLELY WITH THE USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR OTHERWISELOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GOLFLER OR THROUGH OR FROM THE SERVICES SERVICE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY PROVIDED FOR AUTHORIZED IN THE AGREEMENTTHESE TERMS. CERTAIN JURSIDICTIONS MAY PROHIBIT COMPANY FROM DISCLAIMING SOME WARRANTIES AND THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: golfler.com

Disclaimers of Warranties. PLEASE NOTE ENTRATA PROVIDES THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITE "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNON- INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, ACCURACY TRADE, USAGE OR NON-INFRINGEMENTPERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITE. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: www.truthinadvertising.org

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESEXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, STATE OF NEW JERSEY: THE WEBSITE AND ALL CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS” AND ", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, COMPATIBILITYAND EXPRESSLY DISCLAIM ANY AND ALL, SECURITYREPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, ACCURACY TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR NON-INFRINGEMENTCOMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. NEITHER USWE DO NOT REPRESENT OR WARRANT, NOR ANY AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT (F) THE SERVERS WEBSITE OR THE SERVER(S) THAT MAKE THE SERVICES WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER USALL CONDITIONS, NOR ANY OF OUR SUBSIDIARIES REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENTOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SERVICESANY IMPLIED WARRANTY OF MERCHANTABILITY, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYFITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. FURTHERNON-INFRINGEMENT OF THIRD PARTY RIGHTS, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAW.

Appears in 1 contract

Samples: Splendidly Intrepid Website Terms

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