Common use of Disclaimers Clause in Contracts

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 7 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Disclaimers. EXCEPT FOR ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE EXPRESS WARRANTIES SET FORTH HEREINWEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, MENUSIFU ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIN PARTICULAR AND WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY MAKE NO IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS OF THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS RIGHTS OR WARRANTIES REGARDING FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE RELIABILITYACCURACY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY ADEQUACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, MATERIALS CONTAINED ON THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT WEBSITE OR WARRANT THAT (A) ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR USE TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE MENUSIFU SYSTEM POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE SERVICES WILL BE TIMELYFOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSOUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESSERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING THE INTERNETREASONABLE ATTORNEYS’ FEES, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES VIOLATION OF THESE TERMS OF USE BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Appears in 6 contracts

Samples: Terms of Use, Terms of Use, Terms of Use

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU “HP Partner Link” PROGRAM IS PROVIDED "AS IS" AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM "WITH ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD FAULTS" AND THE ENTIRE RISK AS TO THE MENUSIFU SYSTEMQUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, INCLUDING YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE “HP Partner Link” PROGRAM (INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED OR STATUTORY WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMINTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT HP MAKES NO WARRANTY THAT THE HP PROGRAM WILL MEET YOUR REQUIREMENTS OR WARRANT THAT (A) THE OPERATION HP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE HP PROGRAM WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MENUSIFU SYSTEM HP PROGRAM OR AS TO THE SERVICES WILL BE TIMELYACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE HP PROGRAM. NO ADVICE OR INFORMATION, UNINTERRUPTED WHETHER ORAL OR ERROR-FREE; WRITTEN, OBTAINED BY YOU THROUGH THE HP PROGRAM OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR FROM HP, ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESPARENTS, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESSUBSIDIARIES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDAFFILIATED COMPANIES, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, THE MENUSIFU SYSTEMDIRECTORS, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISEMPLOYEES, EXCLUSIVE OR AGENTS OF ANY WARRANTY WHATSOEVERSUCH ENTITIES) (COLLECTIVELY, "THE HP PARTIES") SHALL CREATE ANY WARRANTY. EACH PARTY HP DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRDEQUITABLE INDEMNITIES. Limitation of Warranty Although this Application provides e-PARTY HOSTING PROVIDERSmail communications to HP and the customer’s HP authorized reseller of choice, HP does not warrant or guarantee the supplies fulfillment service or response levels provided by the customer’s HP authorized reseller to the customer.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREININ ARTICLE IV, MENUSIFU THE PURCHASED ASSETS ARE SOLD "AS IS, WHERE IS", AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM SELLER EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WARRANTIES WITH REGARD IMPLIED, AS TO SELLER AND THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMPURCHASED ASSETS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU EXCEPT FOR THE REPRESENTATIONS AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT WARRANTIES SET FORTH IN ARTICLE IV: SELLER EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING LIABILITIES, OWNERSHIP, LEASE, MAINTENANCE OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM PURCHASED ASSETS, THE TITLE, CONDITION, VALUE OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM PURCHASED ASSETS OR THE SERVICES WILL MEET YOUR PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE PURCHASED ASSETS; AND SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PURCHASED ASSETS, OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL , OR THE TRANSFER APPLICABILITY OF DATA OVER COMMUNICATIONS FACILITIESANY GOVERNMENTAL AUTHORITY, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESENVIRONMENTAL LAWS, OR OTHER DAMAGE WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR LOSS PERSONAL PROPERTY TO OPERATE THE PURCHASED ASSETS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SELLER FURTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES REGARDING THE ABSENCE OF PROFIT RESULTING FROM SUCH PROBLEMSHAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE PURCHASED ASSETS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU DOES NOT WARRANT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE CONDITION OF THE PURCHASED ASSETS OR GUARANTEE THAT THE SUITABILITY OF THE PURCHASED ASSETS FOR OPERATION AS A POWER PLANT OR AS A FUEL PROCESSING FACILITY, AS APPLICABLE, AND NO SCHEDULE OR EXHIBIT TO THIS AGREEMENT, NOR ANY OTHER MATERIAL OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDINFORMATION PROVIDED, OR THAT THERE COMMUNICATIONS MADE, BY SELLER OR ITS REPRESENTATIVES, INCLUDING ANY BROKER OR INVESTMENT BANKER, WILL NOT BE CAUSE OR CREATE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUSUCH REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MENUSIFU SYSTEMTITLE, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISCONDITION, EXCLUSIVE VALUE OR QUALITY OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTHE PURCHASED ASSETS.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Atlantic City Electric Co), Purchase and Sale Agreement (Atlantic City Electric Co), Purchase and Sale Agreement (Delmarva Power & Light Co /De/)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTIONS 10.1 AND 10.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, NON- INFRINGEMENT AND QUALITYINCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MODIFY ANY OF THE MENUSIFU SYSTEM, THE SERVICES ABOVE WARRANTIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR.. LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE SOFTWARE WAS FURNISHED TO YOU. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF LICENSOR WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION APPLICABLE TO THIS AGREEMENT. FOR WARRANTY ASSISTANCE CONTACT LICENSOR OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) RESELLER FROM WHOM YOU OBTAINED THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Appears in 3 contracts

Samples: origin2.cdn.componentsource.com, Grid Fx License Agreement, www.softwarefx.com

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLIMITED WARRANTY SPECIFIED ABOVE, MENUSIFU THE SOFTWARE IS PROVIDED “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM WE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM(WHETHER ARISING BY STATUTE, INCLUDING BUT NOT LIMITED COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTY OF TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON- INFRINGEMENT COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND QUALITYRESPONSIBILITY AS TO PERFORMANCE AND FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR REQUIREMENTS OR INTENDED RESULTS AND OBJECTIVES, WHETHER OR NOT DISCLOSED TO US. WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. MENUSIFU AND ITS WE PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPONENTS INCORPORATED INTO OR WARRANTIES REGARDING INTERACTING WITH THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) WE HAVE NO OBLIGATION TO DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NOT IN REPLACEMENT OF, ANY OTHER WARRANTY DISCLAIMER APPLYING TO LIMITATIONSOPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, DELAYS, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED DEEMED TO APPLY TO YOU ON AN "AND EACH USER FOR THE BENEFIT OF US AND ALL OPEN SOURCE SOFTWARE CONTRIBUTORS (AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE).

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimers. YOU AGREE THAT YOUR USE OF GEOTRUST’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, EXCEPT FOR THE EXPRESS AS OTHERWISE NOTED IN THIS AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 9, TITLEGEOTRUST DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, NON- INFRINGEMENT AND QUALITYOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING RESULTS THAT MAY BE OBTAINED FROM THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM SERVICE OR TO THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCURACY OR ERROR-FREE; OR (B) RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSSERVICE. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF ANY MATERIAL AND/OR DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIESGEOTRUST’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. MENUSIFU NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOTRUST OR THROUGH GEOTRUST’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 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 AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DELAYS, DELIVERY FAILURES, PRODUCTS AND/OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING SERVICES PURCHASED BY YOU FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY A THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPARTY.

Appears in 3 contracts

Samples: Geotrust Relying Party Agreement, Geotrust Relying Party Agreement, Geotrust Relying Party Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINALL XXXXXXXXXXXX.XXX TECHNOLOGY AND RELATED SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER XXXXXXXXXXXX.XXX NOR ITS SUPPLIERS MAKE ANY WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. XXXXXXXXXXXX.XXX MAKES NO REPRESENTATION, TITLEWARRANTY OR GUARANTEE THAT XXXXXXXXXXXX.XXX TECHNOLOGY WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, NON- INFRINGEMENT AND QUALITYTHAT CUSTOMER DATA WILL BE ACCURATE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPLETE OR WARRANTIES REGARDING THE RELIABILITYPRESERVED WITHOUT LOSS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES XXXXXXXXXXXX.XXX TECHNOLOGY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; . XXXXXXXXXXXX.XXX DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. XXXXXXXXXXXX.XXX WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, THIRD PARTY PRODUCTS, THIRD PARTY CONTENT, OR XXX-XXXXXXXXXXXX.XXX SERVICES (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESINCLUDING FOR ANY DELAYS, INCLUDING THE INTERNETINTERRUPTIONS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSTRANSMISSION ERRORS, DELAYSSECURITY FAILURES, AND OTHER PROBLEMS INHERENT CAUSED BY THESE ITEMS), FOR REGULATED DATA RECEIVED FROM CUSTOMER IN BREACH OF THIS AGREEMENT, FOR THE COLLECTION, USE AND DISCLOSURE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESCUSTOMER DATA AUTHORIZED BY THIS AGREEMENT, OR FOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON XXXXXXXXXXXX.XXX TECHNOLOGY OR XXXXXXXXXXXX.XXX’S RELATED SERVICES (INCLUDING CHANGES TO CUSTOMER PROPERTIES). THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN. CUSTOMER MAY HAVE OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSSTATUTORY RIGHTS. WITHOUT LIMITING HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, SHALL BE LIMITED TO THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLAW.

Appears in 3 contracts

Samples: Terms of Service Agreement, Terms of Service Agreement, Terms of Service Agreement

Disclaimers. EXCEPT YOUR RENTAL AND OPERATION OF THE VEHICLE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CABANA PROVIDES ONLY SECONDARY INSURANCE COVERAGE FOR YOUR OPERATION OR USE OF THE EXPRESS WARRANTIES SET FORTH HEREINVEHICLE COVERING DAMAGE TO THIRD PARTIES ONLY AND THAT CABANA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON YOU, MENUSIFU AND BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL SOLE DISCRETION. THE VEHICLE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO IMPLIED. WITHOUT LIMITING THE MENUSIFU SYSTEMFOREGOING, INCLUDING BUT NOT LIMITED TO CABANA EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR NON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CABANA MAKES NO WARRANTY THAT THE VEHICLE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. XXXXXX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY VEHICLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CABANA OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND THAT XXXXXX IS NOT OBLIGATED TO REVIEW OR INSPECT ANY VEHICLES. XXXXXX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR BOOKING OF AND USE OF ANY VEHICLE VIA THE SERVICES REMAINS WITH YOU. THE CABANA PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, FROM YOUR BOOKING, OR USE OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE CABANA PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL CABANA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR BOOKING OR USE OF ANY VEHICLE VIA THE SERVICES, OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CABANA AND YOU. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF CABANA OR THE OTHER CABANA PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYADDITIONALLY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS SOME JURISDICTIONS DO NOT REPRESENT ALLOW THE EXCLUSION OR WARRANT THAT (A) LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM ABOVE LIMITATION MAY BE SUBJECT NOT APPLY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Appears in 3 contracts

Samples: Cabana Rental Agreement, Cabana Rental Agreement, Cabana Rental Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WE TRY TO KEEP KLASHA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES SET FORTH HEREIN(INCLUDING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO TO, ANY IMPLIED OR STATUTORY WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- AND NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMINTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU KLASHA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM KLASHA, ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT PARENTS, SUBSIDIARIES, OR WARRANT THAT OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "KLASHA PARTIES") SHALL CREATE ANY WARRANTY. Limitation of Liability IN NO EVENT WILL ANY OF THE KLASHA PARTIES BE LIABLE FOR (A) THE OPERATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; EXEMPLARY DAMAGES OR (B) THE QUALITY ANY DAMAGES WHATSOEVER IN EXCESS OF THE MENUSIFU SYSTEM AMOUNT OF THE TRANSACTION OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER TEN THOUSAND UNITED STATES DOLLARS (US$10,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OVER COMMUNICATIONS FACILITIESREVENUES, INCLUDING THE INTERNETLOST PROFITS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSLOSS OF GOODWILL, DELAYSLOSS OF USE, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESBUSINESS INTERRUPTION, OR OTHER DAMAGE INTANGIBLE LOSSES), ARISING OUT OF OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. IN CONNECTION WITH KLASHA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITING THE FOREGOINGLIMITATION, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDUSE, REPORTED OR REMEDIEDINABILITY TO USE, OR THAT THERE WILL NOT BE THE RESULTS OF USE OF KLASHA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSOTHER LEGAL THEORY.

Appears in 3 contracts

Samples: Klasha Merchant Service Agreement, Klasha Merchant Service Agreement, Klasha Merchant Service Agreement

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 4 AND THE SPECIAL WARRANTY OF TITLE IN THE ASSIGNMENT TO BE DELIVERED AT CLOSING (COLLECTIVELY “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE EXPRESS WARRANTIES SET FORTH HEREINPROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO (i) TITLE TO THE MENUSIFU SYSTEMPROPERTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, CONFORMITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING FITNESS FOR ANY PURPOSE, (ii) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (iii) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MENUSIFU SYSTEMPROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS, (iv) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, OR (v) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. PRIOR TO CLOSING SELLER SHALL HAVE PROVIDED BUYER WITH FULL AND COMPLETE ACCESS TO THE PROPERTIES (BOTH SURFACE AND SUBSURFACE) AND BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE SERVICES PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMDISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). WITHOUT LIMITING THE GENERALITY SELLER FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FREEDOM FROM LATENT VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY PROPERTIES, RIGHTS OF A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE FOREGOINGPURCHASE PRICE, MENUSIFU IT BEING EXPRESSLY UNDERSTOOD AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT AGREED BY THE PARTIES HERETO THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE PROPERTIES IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR WARRANT THAT DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NONE OF THE FOREGOING DISCLAIMERS, RIGHTS OF INSPECTION OR WAIVERS BY BUYER WILL: (A) IN ANY WAY AFFECT OR LESSEN SELLER’S SOLE LIABILITY AND RESPONSIBILITY WITH RESPECT TO THE OPERATION EXCLUDED PROPERTIES INCLUDING, WITHOUT LIMITATION, THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR USE DISPOSAL OF THE MENUSIFU SYSTEM HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREENORM; OR (B) ADVERSELY AFFECT BUYER’S RIGHTS TO BE INDEMNIFIED WITH RESPECT TO THE QUALITY OF EXCLUDED PROPERTIES AS PROVIDED IN SECTION 12. SELLER AND BUYER AGREE THAT, TO THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY EXTENT REQUIRED BY APPLICABLE LAW TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUEFFECTIVE, THE MENUSIFU SYSTEM, SERVICES DISCLAIMERS OF CERTAIN REPRESENTATIONS AND CONTENT WARRANTIES CONTAINED IN THIS SECTION 4(k) ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE LAW.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Goodrich Petroleum Corp)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLIMITED WARRANTY SPECIFIED ABOVE, MENUSIFU THE SOFTWARE IS PROVIDED “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DEVOLUTIONS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM(WHETHER ARISING BY STATUTE, INCLUDING BUT NOT LIMITED COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTY OF TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON- INFRINGEMENT COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND QUALITYRESPONSIBILITY AS TO PERFORMANCE AND FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND OBJECTIVES (INCLUDING ANTICIPATED PROFITS OR SAVINGS DERIVED FROM THE USE OF THE SOFTWARE), WHETHER OR NOT DISCLOSED TO DEVOLUTIONS. WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING PROVISIONS, DEVOLUTIONS MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. MENUSIFU AND ITS DEVOLUTIONS PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPONENTS INCORPORATED INTO OR WARRANTIES REGARDING INTERACTING WITH THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) DEVOLUTIONS HAS NO OBLIGATION TO DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NOT IN REPLACEMENT OF, ANY OTHER WARRANTY DISCLAIMER APPLYING TO LIMITATIONSOPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, DELAYS, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED DEEMED TO APPLY TO YOU ON AN "AND EACH USER FOR THE BENEFIT OF DEVOLUTIONS AND ALL OPEN SOURCE SOFTWARE CONTRIBUTORS (AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE).

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimers. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AT&T DEVELOPMENT TOOL SET, THE AT&T SERVICE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE AT&T DEVELOPMENT TOOL SET, AT&T SERVICE AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AT&T, AT&T’S AGENTS AND AT&T’S DEVELOPERS (COLLECTIVELY REFERRED TO AS “AT&T” FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU PURPOSES OF SECTIONS 9.4.2 AND ITS THIRD-PARTY PROVIDERS 9.4.3) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS WITH REGARD RESPECT TO THE MENUSIFU SYSTEMAT&T DEVELOPMENT TOOL SET, AT&T SERVICE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITYACCURACY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AT&T DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMAT&T DEVELOPMENT TOOL SET OR SERVICES, THAT THE SERVICES AT&T DEVELOPMENT TOOL SET OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OPERATION OF THE AT&T DEVELOPMENT TOOL SET, THE AT&T SERVICE OR THE PROVISION OF SERVICES WILL BE SUBJECT TO LIMITATIONSUNINTERRUPTED, DELAYSTIMELY, AND OTHER PROBLEMS INHERENT SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSAT&T DEVELOPMENT TOOL SET, DELIVERY FAILURES, AT&T SERVICE OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS SERVICES WILL BE DISCOVERED, REPORTED OR REMEDIEDCORRECTED, OR THAT THERE THE AT&T DEVELOPMENT TOOL SET, AT&T SERVICE OR SERVICES WILL BE COMPATIBLE WITH FUTURE AT&T PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMTTTED THROUGH ANY AT&T DEVELOPMENT TOOL SET, AT&T SERVICE OR SERVICES WILL NOT BE ANY SECURITY BREACHES LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIRD PARTIES. EXCEPT WHERE AT&T OR AN AT&T AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSTATED IN THIS AGREEMENT.

Appears in 3 contracts

Samples: License Agreement, T Developer License Agreement (Mobitv Inc), T Developer License Agreement (Mobitv Inc)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTION 5.1 ABOVE STATE CLEANBRAIN’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SOFTWARE, MENUSIFU CLEANTELLIGENT SUBSCRIPTION SERVICES, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OTHER ITEMS AND SERVICES PROVIDED HEREUNDER AND THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, THE CLEANTELLIGENT SUBSCRIPTION SERVICES ARE PROVIDED STRICTLY “AS IS,” AND CLEANBRAIN MAKES NO ADDITIONAL WARRANTIES, EXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR IMPLIED WARRANTIES WITH REGARD USAGE OF TRADE, OR STATUTORY, AS TO THE MENUSIFU SYSTEMCLEANTELLIGENT SUBSCRIPTION SERVICES, INCLUDING BUT NOT LIMITED TO SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR ANY IMPLIED MATTER WHATSOEVER. IN PARTICULAR, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, ANY AND ALL WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITYANY WARRANTIES ARISING IN LAW OR FROM COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYCOURSE OF PERFORMANCE, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF TRADE, ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSONLY WARRANTY MADE BY CLEANBRAIN. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR CLIENT HEREBY DISCLAIMS ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU RELIANCE ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSREPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.

Appears in 3 contracts

Samples: Cleantelligent Subscription Agreement, Cleantelligent Subscription Agreement, Cleantelligent Subscription Agreement

Disclaimers. EXCEPT FOR a. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND QUALITYFREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. MENUSIFU WE DO NOT CONTROL, AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE WHEN OUR USERS USE OUR SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGFEATURES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETSERVICES, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESINTERFACES OUR SERVICES PROVIDE. MENUSIFU IS WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUYOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE MENUSIFU SYSTEM“TUNEBAT PARTIES”) FROM ANY CLAIM, SERVICES COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND CONTENT ARE PROVIDED DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO YOU ON AN "AS IS" BASISCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM WHICH IF KNOWN BY HIM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSHER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 3 contracts

Samples: specterr.com, vizfly.b-cdn.net, specterr.b-cdn.net

Disclaimers. EXCEPT FOR THE PARTIES MAKE NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY STATED IN THIS AGREEMENT. THE PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY (A) IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, NONINFRINGEMENT (B) WARRANTIES AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS QUALITY OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS PERFORMANCE OF THE MENUSIFU SYSTEMMATERIALS, INFORMATION, GOODS, SERVICES, TECHNOLOGY AND/OR CONTENT PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SERVICES DELIVERY OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY AVAILABILITY OF THE FOREGOINGANY ADVERTISEMENTS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION ANY LIMITATIONS ON USER ACCESS TO OR USE OF CONTENT; AND (C) WARRANTIES AS TO THE MENUSIFU SYSTEM PERFORMANCE OF COMPUTERS, TECHNOLOGY, NETWORKS OR ADS (INCLUDING BUT NOT LIMITED TO ALL WARRANTIES REGARDING POSITIONING, LEVELS, QUALITY OR TIMING OF (I) AVAILABILITY AND DELIVERY OF ANY IMPRESSIONS, CREATIVE, OR TARGETS; (II) CONVERSIONS OR OTHER RESULTS FOR ANY ADS OR TARGETS; (III) THE ACCURACY OF ANY PROVIDER DATA (E.G., REACH, SIZE OF AUDIENCE, DEMOGRAPHICS OR OTHER PURPORTED CHARACTERISTICS OF AUDIENCE); AND (IV) THE ADJACENCY OR PLACEMENT OF ADS). GOOGLE MAKES NO WARRANTY THAT GOOGLE SERVICES WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED TIMELY OR ERROR-FREE; FREE OR (B) THAT THE QUALITY RESULTS OR INFORMATION OBTAINED FROM USE OF THE MENUSIFU SYSTEM OR THE GOOGLE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, ACCURATE OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSRELIABLE.

Appears in 3 contracts

Samples: Content Hosting Services Agreement, Content Hosting Services Agreement, Content Hosting Services Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINSERVICES, MENUSIFU THIRD PARTY FEATURES, AND ITS THIRD-THIRD PARTY PROVIDERS HEREBY DISCLAIM SOFTWARE ARE NOT SUBJECT TO ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE AND SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, NON- TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE SERVICES, TECHNICAL SUPPORT SERVICES, AND QUALITY, DATA MANAGEMENT SERVICES . LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. CUSI DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MEET ALL OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY BUSINESS REQUIREMENTS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT LICENSEE OR WARRANT THAT (A) THE OPERATION OR LICENSEE’S USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR UNINTERRUPTED. LICENSEE ACKNOWLEDGES THAT THE SERVICES WILL MEET YOUR REQUIREMENTSARE PROVIDED TO ASSIST LICENSEE IN ITS BUSINESS OPERATIONS AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER APPLICATION AND IMPACT OF DATA OVER COMMUNICATIONS FACILITIESLAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, INCLUDING RULES AND REGULATIONS, THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY SERVICES ARE NOT WARRANTED TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESCOMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES. MENUSIFU LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSLICENSEE DATA INPUT INTO THE SERVICES, DELIVERY FAILURESALL INFORMATION AND LICENSEE DATA UPON WHICH CUSI RELIES IN PROVIDING THE SERVICES AND THE ACCURACY OF ANY CONFIGURATION OF THE SERVICES, INCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT AND MAINTENANCE SERVICES TO CONFIGURE THE SERVICES. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR LOSS OF PROFIT RESULTING OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEMCONSULTATION, SERVICES AND CONTENT ARE PROVIDED INFORMATION OBTAINED THROUGH USE OF THE SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO YOU IMPLEMENTING THE SERVICES OR RESULTS OF SERVICES INTO A PRODUCTION ENVIRONMENT. IF THE SERVICES INCLUDE HOSTING, LICENSEE AGREES THAT CUSI WILL NOT HAVE ANY RESPONSIBILITY FOR THE SECURITY OF ITS SYSTEMS AND LICENSEE DATA BEYOND THOSE SET FORTH IN SECTION 8.1. IF THE LICENSED SOFTWARE IS ON AN "AS IS" BASISLICENSEE’S SYSTEMS OR SYSTEMS UNDER LICENSEE’S CONTROL, EXCLUSIVE LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SECURITY OF ANY WARRANTY WHATSOEVERSUCH SYSTEMS AND LICENSEE DATA. EACH PARTY DISCLAIMS ALL LIABILITY LICENSEE SHALL HAVE FULL RESPONSIBILITY FOR ACQUIRING AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSMAINTAINING SECURE INTERNET ACCESS TO THE SERVICES.

Appears in 3 contracts

Samples: Software License Saas Agreement, Software License Saas Agreement, Software License Saas Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 7 ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM TECHNICAL SUPPORT SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, NON- TITLE AND NON-INFRINGEMENT AND QUALITY, TO OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. LICENSEE ACKNOWLEDGES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LICENSED SOFTWARE AND TECHNICAL SUPPORT SERVICES ARE PROVIDED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT ASSIST LICENSEE IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE LICENSED SOFTWARE AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. MENUSIFU THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THE LICENSED SOFTWARE AND TECHNICAL SUPPORT ARE NOT WARRANTED TO BE IN COMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES. LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSDATA INPUT INTO THE LICENSED SOFTWARE AND THE ACCURACY OF ANY CONFIGURATION OF THE LICENSED SOFTWARE, DELIVERY FAILURESINCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT SERVICES TO CONFIGURE THE LICENSED SOFTWARE. THE LICENSED SOFTWARE AND/OR TECHNICAL SUPPORT SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH CONSULTATION, TECHNICAL SUPPORT SERVICES AND INFORMATION OBTAINED THROUGH USE OF THE LICENSED SOFTWARE SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO IMPLEMENTING THE LICENSED SOFTWARE OR RESULTS OF TECHNICAL SUPPORT SERVICES INTO A PRODUCTION ENVIRONMENT. LICENSEE AGREES THAT IT HAS FULL RESPONSIBILITY FOR THE SECURITY OF ITS SYSTEMS AND DATA AND THAT CUSI SHALL HAVE NO LIABILITY FOR A BREACH OF LICENSEE'S SYSTEMS OR ANY LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLICENSEE'S DATA.

Appears in 2 contracts

Samples: www.cusi.com, www.cusi.com

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLICENSED SOFTWARE IS PROVIDED "AS IS" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES OTHERWISE, WITH REGARD RESPECT TO THE MENUSIFU SYSTEMLICENSED SOFTWARE, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY ALL IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITYWARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND ITS THIRD-PARTY PROVIDERS MAKE MAKES NO REPRESENTATIONS REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR WARRANTIES REGARDING OTHERWISE, THAT THE RELIABILITYLICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, AVAILABILITYACHIEVE ANY INTENDED RESULTS, TIMELINESSBE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SUITABILITYAPPLICATIONS, ACCURACY SYSTEMS OR COMPLETENESS OF SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MENUSIFU SYSTEMMATERIALS), THE SERVICES OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMRELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND ITS THIRD-PARTY PROVIDERS (II) WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. YOU AGREE THAT GEOPLIANT HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE MENUSIFU SYSTEM SOFTWARE OR YOUR RELIANCE THEREON AND IN NO EVENT SHALL GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSSOFTWARE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL FURTHER AGREE TO HOLD GEOPLIANT HARMLESS FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM YOUR IMPROPER RELIANCE ON THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT CONTAINED IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Appears in 2 contracts

Samples: Geopliant LLC License and Service Agreement, Geopliant LLC License and Service Agreement

Disclaimers. EXCEPT FOR AS OTHERWISE PROVIDED IN THIS AGREEMENT, SONATYPE MAKES NO, AND COMPANY HEREBY WAIVES AND DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT OR THE EXPRESS WARRANTIES SET FORTH HEREINPRODUCTS, MENUSIFU SERVICES AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMDELIVERABLES CONTEMPLATED HEREBY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) UNINTERRUPTED SERVICE, AS WELL AS ALL IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FURTHERMORE, THE QUALITY OF THE MENUSIFU SYSTEM OR THE PRODUCTS, SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM DELIVERABLES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SONATYPE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING MOREOVER, ALL REPORTS GENERATED BY THE FOREGOINGPRODUCTS INCLUDE PUBLICLY AVAILABLE LICENSE AND SECURITY INFORMATION RELEVANT TO CERTAIN APPLICATION COMPONENT IDENTIFIERS. THOUGH SONATYPE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE REPORTS ARE CURRENT AND ACCURATE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THERE ARE NATURAL LATENCIES ASSOCIATED WITH OBTAINING AND MAKING AVAILABLE INFORMATION AND DATA ASSOCIATED WITH APPLICATION COMPONENT IDENTIFIERS. AS SUCH, COMPANY ACKNOWLEDGES AND AGREES THAT THE INFORMATION AND DATA INCLUDED IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDREPORTS IS BASED ON PUBLICLY AVAILABLE INFORMATION, REPORTED OR REMEDIED, OR THAT THERE WILL AND THEREFORE MAY NOT BE ACCURATE OR COMPLETE. FURTHERMORE, REFERENCES TO OPEN SOURCE SOFTWARE LICENSE AGREEMENTS (OR TERMS THEREOF) INCLUDED IN A REPORT DO NOT CONSTITUTE LEGAL ADVICE OR GUIDANCE, AND COMPANY ACKNOWLEDGES AND AGREES THAT IT IS RESPONSIBLE FOR SEEKING APPROPRIATE LEGAL ADVICE REGARDING COMPANY’S RIGHTS AND OBLIGATIONS SET FORTH IN ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSUCH LICENSE AGREEMENT.

Appears in 2 contracts

Samples: – Software License Agreement, License Agreement

Disclaimers. ROUTESMART DATA HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED. DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT SHALL NOT APPLY TO BETA SUBSCRIPTION PRODUCT. ALL BETA SUBSCRIPTION PRODUCTS ARE PROVIDED TO YOU “AS IS, WITH ALL FAULTS.” WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS OTHERWISE PROVIDED IN THIS AGREEMENT, MENUSIFU ROUTESMART AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM LICENSOR(S) DO NOT WARRANT THAT THE DATA OR SUBSCRIPTION PRODUCT WILL MEET YOUR NEEDS OR EXPECTATIONS, THE USE OF THE DATA OR SUBSCRIPTION PRODUCT WILL BE UNINTERRUPTED, OR THAT ALL EXPRESS NONCONFORMITIES IN THE SUBSCRIPTION PRODUCT OR IMPLIED WARRANTIES DATA CAN OR WILL BE CORRECTED. INFORMATION DERIVED FROM YOUR USE OF THE SUBSCRIPTION PRODUCT SHOULD NOT BE USED AS THE ONLY BASIS FOR DECISIONS WITH REGARD RESPECT TO THE MENUSIFU SYSTEMYOUR BUSINESS OPERATIONS. YOU SHOULD ALWAYS VERIFY AND SUPPLEMENT ACTUAL RESULTS, INCLUDING BUT NOT LIMITED TO, MAP, SPATIAL, RASTER, AND TABULAR INFORMATION. ROUTESMART SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES, DAMAGES OF ANY NATURE, WHETHER DIRECT OR INDIRECT, TORT OR CONTRACT, FEES OR CLAIMS TO ANY IMPLIED WARRANTIES THE EXTENT ARISING OUT OF YOUR ABILITYUSE OF YOUR PASSWORDS, FITNESS FOR OR YOUR USE OF THE SUBSCRIPTION PRODUCT GENERALLY, IN A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, MANNER NOT PERMITTED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , EXCEPT FOR THE REPRESENTATIONS AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS WARRANTIES IN SECTION 6, BOTH PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, AVAILABILITYACCURACY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU TITLE AND ITS THIRDNON-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSINFRINGEMENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU INTERNET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSRISKS.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINOF SELLER CONTAINED IN THIS ARTICLE 4 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, MENUSIFU EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM SELLER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS SUCH OTHER REPRESENTATIONS AND WARRANTIES, WITHOUT LIMITATION OF THE FOREGOING. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ARTICLE 4, THE PROPERTIES SHALL BE CONVEYED TO BUYER WITHOUT ANY WARRANTY OR IMPLIED WARRANTIES WITH REGARD REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO TITLE TO THE MENUSIFU SYSTEMPROPERTIES OR RELATING TO THE CONDITION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYQUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, NON- INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND QUALITYON THE CLOSING DATE SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). EXCEPT FOR THE REPRESENTATIONS CONTAINED HEREIN IN ARTICLE 4, BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES. BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR “AS IS”, “WHERE IS” CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OF COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED TO BUYER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER’S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Alta Mesa Holdings, LP), Purchase and Sale Agreement (Alta Mesa Holdings, LP)

Disclaimers. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT, AND THE TITLE WARRANTIES IN THE CONVEYANCES OF THE CONVEYED INTERESTS TO BE DELIVERED AT EACH CLOSING, (COLLECTIVELY “SELLER’S’ WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE EXPRESS WARRANTIES SET FORTH HEREINCONVEYED INTERESTS SHALL BE CONVEYED PURSUANT HERETO WITHOUT (A) ANY WARRANTY OR REPRESENTATION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO (I) TITLE TO THE MENUSIFU SYSTEMCONVEYED INTERESTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, CONFORMITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING FITNESS FOR ANY PURPOSE, (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT, (III) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MENUSIFU SYSTEM, THE SERVICES CONVEYED INTERESTS OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY ABILITY OR POTENTIAL OF THE FOREGOINGCONVEYED INTERESTS TO PRODUCE HYDROCARBONS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (AIV) THE OPERATION OR USE ENVIRONMENTAL CONDITION OF THE MENUSIFU SYSTEM CONVEYED INTERESTS, BOTH SURFACE AND SUBSURFACE, (V) ANY IMPLIED OR THE SERVICES WILL BE TIMELYEXPRESS WARRANTY OF NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE; (VI) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (B) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. PURCHASER SHALL HAVE INSPECTED, OR WAIVED (AND UPON EACH CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE QUALITY CONVEYED INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS. PURCHASER IS RELYING SOLELY UPON THE TERMS OF THIS AGREEMENT AND ITS OWN INSPECTION OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONVEYED INTERESTS, AND THAT PURCHASER SHALL ACCEPT ALL OF THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT SAME IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "THEIR “AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWHERE IS” CONDITION.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Torchlight Energy Resources Inc), Purchase and Sale Agreement (Torchlight Energy Resources Inc)

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WAZIRX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. WAZIRX DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WAZIRX DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES WAZIRX IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Disclaimers. EXCEPT FOR CUSTOMER UNDERSTANDS AND AGREES THAT THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE MENUSIFU SYSTEM, CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE SERVICES OR LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE RESULTS YOU MAY OBTAIN BY USING PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY PARTIES IN LIGHT OF THE FOREGOING, MENUSIFU PRICES CHARGED AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE MENUSIFU SYSTEM INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR THE SERVICES WILL BE TIMELYSUPPLIED BY VARIOUS STATE AGENCIES, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYSSERVICE PROVIDERS, AND OTHER PROBLEMS INHERENT IN SERVICE BUREAUS (COLLECTIVELY, “DATA PROVIDERS”). THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, INFORMATION SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISAND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE ACCURACY, EXCLUSIVE TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY WARRANTY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS DATA PROVIDERS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ERRORS IN CUSTOMER INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. EACH PARTY DISCLAIMS ALL IN NO EVENT SHALL iiX'S OR THE APPLICABLE DATA PROVIDER’S LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSUCH CLAIM.

Appears in 2 contracts

Samples: Employment Subscription Agreement, Employment Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREININ THIS SECTION, MENUSIFU SENTINELONE DISCLAIMS ANY AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN) WITH REGARD RESPECT TO SENTINELONE SOLUTIONS OR ANY SENTINELONE SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE MENUSIFU SYSTEMTRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR ANY PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), NON-INFRINGEMENT OR CONDITION OF TITLE. MSSP ON BEHALF OF ITSELF AND MSSP USERS ACKNOWLEDGES THAT THE MSSP USERS ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOLUTION, NON- INFRINGEMENT AND QUALITY, FOR ANY RELIANCE THEREON AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW MSSP AND MSSP USER WAIVE ANY AND ALL CAUSES OF ACTION OR CLAIMS AGAINST US ARISING THEREFROM OR RELATING THERETO. MENUSIFU SENTINELONE CANNOT AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR DOES NOT WARRANT THE RESULTS YOU THAT MAY OBTAIN BE OBTAINED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SOLUTION. THIS DISCLAIMER AND EXCLUSION WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Sentinelone Managed Security Service Provider, Sentinelone Managed Security Service Provider

Disclaimers. YOU AGREE THAT YOUR USE OF ESIGNTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT FOR THE EXPRESS AS OTHERWISE NOTED IN THIS AGREEMENT. ESIGNTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 9, TITLEESIGNTRUST DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, NON- INFRINGEMENT AND QUALITYOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES ESIGNTRUST MAKE ANY WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING RESULTS THAT MAY BE OBTAINED FROM THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM SERVICE OR TO THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCURACY OR ERROR-FREE; OR (B) RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSSERVICE. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF ANY MATERIAL AND/OR DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIESESIGNTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. MENUSIFU NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESIGNTRUST OR THROUGH ESIGNTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ESIGNTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DELAYS, DELIVERY FAILURES, PRODUCTS AND/OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING SERVICES PURCHASED BY YOU FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY A THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPARTY.

Appears in 2 contracts

Samples: Relying Party Agreement, Relying Party Agreement

Disclaimers. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. iiX PREPARES THE MVRS AND PRODUCTS PROVIDED UNDER THIS SERVICE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES AND OTHER SERVICE BUREAUS. ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO ENSURE THE ACCURACY OF THE DATA, THE MVRS AND OTHER PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS SERVICE BUREAUS IN ANY WAY WARRANTS OR ASSUMES ANY LIABILITY FOR THE EXPRESS WARRANTIES SET FORTH HEREINACCURACY, MENUSIFU TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY MVR OR PRODUCT PROVIDED UNDER THIS AGREEMENT. AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES OF OTHER SERVICE BUREAUS. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS SERVICE BUREAUS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, NOR INCIDENTAL, SPECIAL, PUNITIVE OR IMPLIED WARRANTIES WITH REGARD CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO THE MENUSIFU SYSTEMANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYIN LIMITATION, FITNESS FOR A PARTICULAR PURPOSEERRORS IN CUSTOMER INPUT, TITLEDUPLICATE REQUESTS, NON- INFRINGEMENT AND QUALITYERRORS IN TRANSMISSION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE IN NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES EVENT SHALL iiX's OR THE RESULTS YOU MAY OBTAIN SERVICE BUREAU's LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT CUSTOMER IN THE USE OF THREE (3) MONTHS IMMEDIATELY PRECEDING ANY SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCLAIM.

Appears in 2 contracts

Samples: Insurance Information Exchange, California Agreement

Disclaimers. IN ADDITION TO THE DISCLAIMERS IN THE GENERAL TERMS OF THIS AGREEMENT, MWS AND MWS MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING MWS OR MWS MATERIALS, INCLUDING ANY WARRANTY THAT MWS OR MWS MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SOFTWARE, DATA, TEXT, AUDIO, VIDEO, IMAGES, OR OTHER CONTENT YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH MWS, INCLUDING YOUR INFORMATION, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON- INFRINGEMENT, NON- INFRINGEMENT OR QUIET ENJOYMENT, AND QUALITYANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITYLICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, AVAILABILITYREIMBURSEMENT, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT DAMAGES ARISING IN CONNECTION WITH: (A) THE OPERATION INABILITY TO USE MWS OR MWS MATERIALS, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCESS TO MWS OR ERROR-FREEMWS MATERIALS; OR (B) THE QUALITY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS; OR (D) ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS. WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAY DISCONTINUE PROVIDING OR DEPRECATE MWS AND ANY MWS MATERIALS, AND MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF MWS AND ANY MWS MATERIALS FROM TIME TO TIME, AND YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSFOREGOING ACTIONS.

Appears in 2 contracts

Samples: General Terms, Amazon Services Business Solutions Agreement

Disclaimers. EXCEPT i. CUSTOMER UNDERSTANDS THAT COINLIST IS PERFORMING THE SERVICES HEREUNDER IN RELATION TO DATA THAT HAVE BEEN PRODUCED BY CUSTOMER, SUPPLIED TO CUSTOMER BY USER OR THIRD PARTIES OR SUPPLIED TO COINLIST BY USERS. COINLIST WILL UNDERTAKE ITS PROCEDURES AS SET FORTH AND PURSUANT TO THE BANK SECRECY ACT OF 1970 AND THE SECURITIES ACT OF 1933, EACH AS AMENDED, IN PERFORMING ITS SERVICES HEREUNDER BUT HAS NO RESPONSIBILITY FOR THE EXPRESS WARRANTIES SET FORTH ACCURACY AND COMPLETENESS OF ANY DATA RECEIVED FROM CUSTOMER, CUSTOMER’S USERS, OR OTHER THIRD PARTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COINLIST MATERIALS, SOFTWARE AND SYSTEMS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MENUSIFU COINLIST DISCLAIMS ALL WARRANTIES AS TO THE COINLIST MATERIALS, SOFTWARE AND ITS SYSTEMS, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COINLIST MAKES NO REPRESENTATION OR WARRANTY THAT ANY THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS MATERIALS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT CONTENT (SUCH AS DIRECT DATA FEEDS AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE CONTENT POSTED ON COINLIST’S WEB-SITE, BUT NOT INCLUDING THIRD-PARTY MATERIALS MADE FOR COINLIST (E.G. WORK MADE FOR HIRE)) BASED UPON ANY THIRD-PARTY MATERIALS ENCOMPASSED IN THE SERVICES OR COINLIST MATERIALS ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT COINLIST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU THAT ACCESS TO AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES INTERNET WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSHARMFUL COMPONENTS.

Appears in 2 contracts

Samples: Compliance and Technical Services Agreement (Blockstack Inc.), Compliance and Technical Services Agreement (Blockstack Token LLC)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 8, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYNON- REVENUEWELL APPLICATIONS, AVAILABILITYFREE TRIAL SERVICES, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONTENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, BETA SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "ENTIRELY “AS IS" BASIS” AND “AS AVAILABLE”, EXCLUSIVE OF ANY WARRANTY WARRANTIES WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-THIRD- PARTY HOSTING PROVIDERS. FURTHER, REVENUEWELL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CLIENTS, CONSUMERS, END CUSTOMERS OR SITE USERS (“YOUR CUSTOMERS”), AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES YOU PROVIDE. REVENUEWELL HAS NO LIABILITY FOR THE CONSEQUENCES TO YOUR CUSTOMERS RELATED TO OR RESULTING FROM YOUR MISUSE OF THE SERVICE. REVENUWELL OFFERS NO ASSURANCE THAT YOUR USE OF THE SERVICE UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. REVENUEWELL AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL, MEDICAL, OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX, MEDICAL OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE IF REQUIRED.

Appears in 2 contracts

Samples: Revenuewell Master Subscription Agreement, Revenuewell Master Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOU AGREE THAT YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE DIGICERT'S SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET IS SOLELY AT YOUR REQUIREMENTSOWN RISK. YOU ACKNOWLEDGE AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF ALL SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND AS AVAILABLE BASIS, EXCLUSIVE EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, DIGICERT EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND REPRESENTATIONS OF ANY WARRANTY WHATSOEVERKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EACH PARTY DISCLAIMS ALL DIGICERT DOES NOT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES DIGICERT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DIGICERT'S SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGICERT OR THROUGH ITS SERVICES SHALL CREATE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION, UNLESS IT IS EXPRESSLY MADE HEREIN. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DIGICERT IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR WITH RESPECT TO ANY HARM PRODUCTS AND/OR DAMAGES CAUSED SERVICES PURCHASED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU FROM A THIRD PARTY.

Appears in 2 contracts

Samples: Digicert Relying Party Agreement, Digicert Relying Party Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE EXPRESSLY SET FORTH HEREIN, MENUSIFU NO PARTY MAKES ANY REPRESENTATION OR WARRANTY, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO THE MENUSIFU SYSTEMOR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BLACKHAWK EXPRESSLY DISCLAIMS: (I) RESPONSIBILITY FOR ANY ERRORS CAUSED BY SAFEWAY, TITLEANY THIRD PARTY PERFORMING SERVICES (INCLUDING WEBSITE SERVICES) ON SAFEWAY’S BEHALF, NON- INFRINGEMENT THE SERVICE BUREAU, BLACKHAWK ACCOUNT, ALLIANCE PARTNER, OR A PURCHASER; (II) RESPONSIBILITY FOR ANY CUSTOMER CONTENT; (Ill) ANY WARRANTY THAT THE BLACKHAWK SERVICES, INCLUDING WEBSITES OR GIFT CARD MALLS OPERATED BY OR FOR BLACKHAWK WILL BE ERROR-FREE OR UNINTERRUPTED; AND QUALITY(IV) FOR SERVICES PROVIDED THROUGH ONE OF THE WEBSITES, RESPONSIBILITY FOR ANY ERRORS CAUSED BY THE OPERATOR OF THE PARTICULAR WEBSITE, EXCEPT TO THE MAXIMUM EXTENT PERMITTED CAUSED BY APPLICABLE LAWBLACKHAWK’S. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO THE BLACKHAWK WEBSITE. MENUSIFU SAFEWAY AND ITS THIRD-SGC EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ERRORS CAUSED BY BLACKHAWK, ANY THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMPERFORMING SERVICES (INCLUDING WEBSITE SERVICES) ON BLACKHAWK’S BEHALF, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGSERVICE BUREAU, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYBLACKHAWK ACCOUNT, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESALLIANCE PARTNER, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSA PURCHASER.

Appears in 2 contracts

Samples: www.sec.gov, Gift Card Agreement (Blackhawk Network Holdings, Inc)

Disclaimers. EXCEPT TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE EXPRESS SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMAND IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NONINFRINGEMENT, NON- INFRINGEMENT AND QUALITYWARRANTIES ARISING FROM COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOURSE OF PERFORMANCE AND USAGE OF TRADE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR YOUR USE OF THE MENUSIFU SYSTEM OR SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; , OR (B) THE QUALITY THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF THE MENUSIFU SYSTEM VIRUSES, WORMS, TROJAN HORSES OR THE SERVICES WILL MEET YOUR REQUIREMENTSOTHER DESTRUCTIVE PROGRAMMING. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN ANY MATERIAL OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU THE SERVICES IS NOT ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF PROFIT RESULTING DATA THAT RESULTS FROM ANY SUCH PROBLEMSMATERIAL. WITHOUT LIMITING WE MAKE NO WARRANTY REGARDING THE FOREGOINGQUALITY, MENUSIFU DOES NOT WARRANT ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE RELIABILITY OF ANY WARRANTY WHATSOEVERCONTENT. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAny general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider. The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

Appears in 2 contracts

Samples: Membership Terms of Service, Membership Terms of Service

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREININ SECTION 10, MENUSIFU AND ITS THIRDWE MAKE NO WARRANTIES REGARDING THE SOFTWARE OR SERVICES. NO ORAL INFORMATION OR ADVICE GIVEN BY US OR A JAMF-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR AUTHORIZED RESELLER WILL CREATE A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE . MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS WE DO NOT WARRANT AGAINST ALL INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMSOFTWARE OR SERVICES, THAT THE SERVICES FUNCTIONS CONTAINED IN THE SOFTWARE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL CORRECT ALL DEFECTS IN THE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT NEITHER MENUSIFU NOR ITS THE SOFTWARE OR SERVICES WILL DETECT OR PREVENT ANY SYSTEM ATTACK, THREAT, MALWARE OR VULNERABILITY. WE MAKE NO GUARANTEES AND PROVIDE NO WARRANTY REGARDING THIRD-PARTY PROVIDERS CONTENT OR THIRD-PARTY PATCH MATERIALS. THE WARRANTIES JAMF PROVIDES IN SECTION 10 DO NOT APPLY TO THIRD-PARTY CONTENT OR THIRD- PARTY PATCH MATERIALS AND JAMF DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSS RELATED TO THIRD- PARTY CONTENT OR THIRD-PARTY PATCH MATERIALS. FURTHER, JAMF DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCONTENT, DELIVERY FAILURES, MATERIALS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU PRODUCTS FOUND ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITES THAT ARE ACCESSED BY A USER ON A DEVICE THAT IS USING THE SOFTWARE OR SERVICES.

Appears in 2 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN3.14.1. We do not make and hereby expressly disclaim all representations or warranties including, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL without limitation (i) that access to the TransArmor Solution Services will be uninterrupted or error free; (ii) that security breaches will not occur with respect to any information communicated through the TransArmor Solution Services, the Internet, or any common carrier communications facility; and (iii) as to the results that may or may not be obtained by you in connection with your use of the TransArmor Solution Services. WE DO NOT MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION (EITHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO IMPLIED) OF ANY KIND INCLUDING, WITHOUT LIMITATION, THE MENUSIFU SYSTEMMERCHANTABILITY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTITLE, FITNESS NONINFRINGEMENT OR FIT- NESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY SERVICES PROVIDED UNDER THIS ADDENDUM, TITLEAND ALL SUCH WARRANTIES, NON- INFRINGEMENT GUARANTEES AND QUALITYREPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. ALL SERVICES PROVIDED UNDER THIS ADDENDUM ARE PROVIDED ON AN "AS-IS, TO WITH ALL FAULTS". USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES DOES NOT GUARANTY SECURITY OR PREVENT A SECURITY BREACH OR COMPROMISE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE MAKE NO REPRESENTATIONS WARRANTIES, EITHER EXPRESSED OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT IMPLIED THAT (A) THE OPERATION PARTICIPATION AND/OR USE OF THE MENUSIFU SYSTEM OR THE OUR SERVICES WILL DETECT EVERY VULNERABILITY ON YOUR SYSTEM, IF ANY, OR THAT OUR VULNERABILITY ASSESSMENTS, SUGGESTED SOLUTIONS OR ADVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) COMPLETE. CUSTOMER AGREES THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE QUALITY ACCURACY OR USEFULNESS OF THE MENUSIFU SYSTEM ANY INFORMATION PROVIDED BY US, OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE FOR ANY USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSINFORMATION.

Appears in 2 contracts

Samples: static1.squarespace.com, cdn.valuedmerchants.com

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINPLATFORM (INCLUDING WITHOUT LIMITATION ALL ASSOCIATED DOCUMENTATION, MENUSIFU LIBRARIES, ZAPIER APIS, APP TEMPLATES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSAMPLE CODE) IS PROVIDED ON AN "AS IS" BASIS, INCLUDING BUT NOT LIMITED TO WITHOUT WARRANTY OF ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPIER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND NON-INFRINGEMENT. MENUSIFU ZAPIER EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WITH RESPECT TO THE RELIABILITYACCURACY, AVAILABILITYVALIDITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE MENUSIFU SYSTEM, THE SERVICES PLATFORM OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY QUALITY OR CONSISTENCY OF THE FOREGOINGPLATFORM OR RESULTS OBTAINED THROUGH ITS USE. ZAPIER HAS NO OBLIGATION TO PROVIDE MAINTENANCE OR SUPPORT FOR THE PLATFORM (OR TO END USERS OF INTEGRATIONS OR APPS) OR TO FIX ANY ERRORS OR DEFECTS. ZAPIER MAY CHANGE THE PLATFORM OR SERVICES (AND FUTURE VERSIONS MAY NOT BE COMPATIBLE WITH INTEGRATIONS OR APPS DEVELOPED USING PREVIOUS VERSIONS); ZAPIER WILL HAVE NO LIABILITY RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, MENUSIFU XXXXXX MAKES AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYASSUMES NO REPRESENTATIONS, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESWARRANTIES, INCLUDING THE INTERNETCOVENANTS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESINDEMNIFICATION, OR OTHER DAMAGE OBLIGATIONS OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGLIABILITIES WITH RESPECT TO INTEGRATIONS OR APPS OR THEIR COMBINATION, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDINTERACTION, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY USE WITH ANY THIRD-PARTY HOSTING PROVIDERSAPPS, THIRD-PARTY SERVICES, THE SERVICES, OR THE PLATFORM.

Appears in 2 contracts

Samples: Zapier Platform Agreement, cdn.zappy.app

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 7 ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE, DATA MANAGEMENT SERVICES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM TECHNICAL SUPPORT SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, TITLE AND NON- INFRINGEMENT AND QUALITY, TO OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. LICENSEE ACKNOWLEDGES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LICENSED SOFTWARE AND TECHNICAL SUPPORT SERVICES ARE PROVIDED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT ASSIST LICENSEE IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE LICENSED SOFTWARE AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. MENUSIFU THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THE LICENSED SOFTWARE AND TECHNICAL SUPPORT ARE NOT WARRANTED TO BE IN COMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES OR ANY APPLICABLE LAW. LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSDATA INPUT INTO THE LICENSED SOFTWARE AND THE ACCURACY OF ANY CONFIGURATION OF THE LICENSED SOFTWARE, DELIVERY FAILURESINCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT SERVICES TO CONFIGURE THE LICENSED SOFTWARE. THE LICENSED SOFTWARE AND/OR TECHNICAL SUPPORT SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR LOSS OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH CONSULTATION, TECHNICAL SUPPORT SERVICES AND INFORMATION OBTAINED THROUGH USE OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL LICENSED SOFTWARE SHOULD NOT BE ANY USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO IMPLEMENTING THE LICENSED SOFTWARE OR RESULTS OF TECHNICAL SUPPORT SERVICES INTO A PRODUCTION ENVIRONMENT. LICENSEE AGREES THAT IT HAS FULL RESPONSIBILITY FOR THE SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, OF ITS SYSTEMS AND DATA AND CUSI MAKES NO REPRESENTATION REGARDING THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE SECURITY OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTHE LICENSED SOFTWARE.

Appears in 2 contracts

Samples: Premise Agreement, Premise Agreement

Disclaimers. THE PROGRAM, YOUR RADICAL SITE URL AND YOUR RADICAL SITE AND ALL OTHER MATERIALS PROVIDED TO YOU BY US IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY APPLICABLE LAW, MENUSIFU WE AND ITS THIRD-PARTY OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEMSERVICE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIME. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) THE OPERATION ANY ERRORS, INACCURACIES, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE QUALITY PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF THE MENUSIFU SYSTEM OR THE SERVICES OUR SERVICE PROVIDERS WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCOMPENSATION, DELIVERY FAILURESREIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGBENEFITS, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT (Y) ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINVESTMENTS, REPORTED OR REMEDIEDEXPENDITURES, OR THAT THERE WILL NOT BE COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPROGRAM.

Appears in 2 contracts

Samples: Partner Agreement, Partner Agreement

Disclaimers. (a) PURCHASER ACKNOWLEDGES THAT IT HAS HAD (OR DURING THE FEASIBILITY PERIOD WILL HAVE) TIME TO INSPECT, EXAMINE AND INVESTIGATE THE PROPERTY AND TO REVIEW ALL INFORMATION RELATING THERETO THAT PURCHASER CONCLUDES IS NECESSARY OR CONVENIENT FOR ITS EVALUATION OF THE PROPERTY, AND TO MAKE SUCH OTHER PHYSICAL, FACTUAL, LEGAL OR OTHER INVESTIGATIONS WITH RESPECT TO THE PROPERTY THAT THE PURCHASER DEEMS NECESSARY OR DESIRABLE WITH RESPECT TO THIS TRANSACTION. PURCHASER REPRESENTS, WARRANTS AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH OF SELLER CONTAINED HEREIN, MENUSIFU PURCHASER IS RELYING SOLELY ON ITS OWN INSPECTIONS, EXAMINATIONS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD INVESTIGATIONS IN MAKING THE DECISION TO PURCHASE THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND QUALITY, TO AGREES THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU SELLER IS MAKING AND ITS THIRD-PARTY PROVIDERS MAKE HAS MADE NO REPRESENTATIONS OR WARRANTIES REGARDING AS TO THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION SELLER HAS PROVIDED, OR CAUSED TO BE PROVIDED TO THE MENUSIFU SYSTEMPURCHASER (INCLUDING WITHOUT LIMITATION, ANY INFORMATION THAT MAY BE PROVIDED BY THE SERVICES MANAGER), AND PURCHASER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTIES FROM THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY SELLER OR ANY OTHER PARTY (EXCEPT TO THOSE REPRESENTATIONS AND WARRANTIES OF THE FOREGOING, MENUSIFU AND SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT) IN MAKING ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT DECISION TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSENTER INTO THIS AGREEMENT.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Analogic Corp)

Disclaimers. EXCEPT FOR SECRETLAB DOES NOT PROMISE THAT THE EXPRESS WARRANTIES SET FORTH HEREINSITE OR ANY CONTENT WILL BE UNINTERRUPTED, MENUSIFU ERROR-FREE OR SECURE. WE MAKE NO ASSURANCES THAT WE WILL CORRECT ANY DEFECT OR THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS. THE SITE AND ITS THIRDCONTENT IS DELIVERED ON AN “AS-PARTY PROVIDERS HEREBY DISCLAIM IS” AND “AS AVAILABLE” BASIS. SECRETLAB MAKES NO PROMISES THAT ANY DATA OR FILE YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SECRETLAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-SECRETLAB WON’T BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS IN CONNECTION WITH OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR RELATED TO YOUR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MENUSIFU SYSTEM SITE AND ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT, YOUR ONLY REMEDY IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE SERVICES WILL MEET YOUR REQUIREMENTSBARGAIN BETWEEN YOU AND SECRETLAB. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRDOur disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action. Secretlab reserves the right to do any of the following for any reason and at any time without informing you: (1) modify, suspend or end the operation of or access to any part of the Site; (2) modify or change any part of the Site, and any of its policies or terms; and (3) interrupt the operation of any part of the Site to perform routine or non-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESroutine maintenance, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERScorrect errors or make other changes.

Appears in 2 contracts

Samples: assets.secretlab.co, assets.secretlab.co

Disclaimers. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR SERVICES SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (COLLECTIVELY, “DATA PROVIDERS”). THE INFORMATION SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE EXPRESS WARRANTIES SET FORTH HEREINACCURACY, MENUSIFU TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DIRECTION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS THIRD-PARTY DATA PROVIDERS HEREBY DISCLAIM ALL EXPRESS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR IMPLIED WARRANTIES WITH REGARD INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO THE MENUSIFU SYSTEMANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYLIMITATED TO, FITNESS FOR A PARTICULAR PURPOSEERRORS IN CUSTOMER INPUT, TITLEDUPLICATE REQUESTS, NON- INFRINGEMENT AND QUALITYERRORS IN TRANSMISSION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE IN NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES EVENT SHALL iiX'S OR THE RESULTS YOU MAY OBTAIN APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT CUSTOMER IN THE USE OF THREE (3) MONTHS IMMEDIATELY PRECEDING ANY SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCLAIM.

Appears in 2 contracts

Samples: Subscription Agreement, Insurance Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 9, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRDNON-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYREVENUEWELL APPLICATIONS, AVAILABILITYTRIAL SERVICES, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONTENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, BETA SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "ENTIRELY “AS IS" BASIS” AND “AS AVAILABLE”, EXCLUSIVE OF ANY WARRANTY WARRANTIES WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. FURTHER, REVENUEWELL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CLIENTS OR SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES YOU PROVIDE. REVENUEWELL HAS NO LIABILITY FOR THE CONSEQUENCES TO YOU OR YOUR PATIENTS, CONSUMERS OR SITE USERS OF YOUR USE OF THE SERVICE. REVENUWELL OFFERS NO ASSURANCE THAT YOUR USE OF THE SERVICE UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. REVENUEWELL AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL, MEDICAL, OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Disclaimers. EXCEPT FOR IF YOU CHOOSE TO USE THE EXPRESS WARRANTIES SET FORTH HEREINSITE OR SERVICES, MENUSIFU YOU AGREE THAT YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD AGREE THAT WRP DOES NOT HAVE AN OBLIGATION TO THE MENUSIFU SYSTEMCONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED OTHER GUESTS. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WRP EXPLICITLY DISCLAIMS ANY WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUIET ENJOYMENT, NON- INFRINGEMENT OR NON-INFRINGEMENT, AND QUALITYANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WRP MAKES NO WARRANTY THAT THE SERVICES, TO INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE WRP MAKES NO REPRESENTATIONS OR WARRANTIES WARRANTY REGARDING THE RELIABILITYQUALITY OF ANY LISTINGS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMACCOMMODATIONS, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGACCURACY, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT TIMELINESS, TRUTHFULNESS, COMPLETENESS OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WRP OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSNOT EXPRESSLY MADE HEREIN.

Appears in 2 contracts

Samples: treehouse-grove.com, treehouse-grove.com

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYOTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR SOFTWARE AND THE RESULTS YOU MAY OBTAIN BY USING DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYSECURE, UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE; , FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR (B) OTHER PROGRAM LIMITATIONS. TO THE QUALITY OF EXTENT ALLOWED BY LAW, THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESCOMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, INCLUDING THE INTERNETALL IMPLIED WARRANTIES, AND THAT ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE MENUSIFU SYSTEM MAY BE SUBJECT IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR APARTICULAR PURPOSE, SATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, DUE TO LIMITATIONSTHE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU COMPANY DOES NOT WARRANT THAT THE SOFTWARE OR GUARANTEE ANY EQUIPMENT OR SYSTEM SUPPLIED BY THE COMPANY WITH THE SOFTWARE (IF ANY), WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ALL SECURITY ATTACKS WILL BE DISCOVEREDWARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD AND REMEDIES REFERRED TO IN SUBSECTION 4.1 ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, REPORTED OR REMEDIED, OR THAT THERE WILL SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN The Property is demised and let by the ----------- Lessor "AS IS" BASISin its present condition, EXCLUSIVE subject to (a) the rights of any parties in possession thereof, (b) the state of the title thereto existing at the time the Lessor acquired title to its interest in the Property, (c) any state of facts which an accurate survey or physical inspection might show (including the survey delivered on the Lease Term Commencement Date), (d) all Applicable Laws and Regulations and (e) any violations of Applicable Laws and Regulations which may exist on the Lease Term Commencement Date. The Lessee has examined the Property and (insofar as the Lessee is concerned) has found the same to be satisfactory. THE LESSOR HAS NOT MADE NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, NOR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE VALUE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY , EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND INDEMNIFICATION OBLIGATIONS THE LESSOR SHALL NOT BE LIABLE FOR ANY HARM LATENT, HIDDEN, OR DAMAGES CAUSED BY PATENT DEFECT THEREIN OR THE FAILURE OF THE PROPERTY, OR ANY THIRDPART THEREOF, TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS except that the Lessor hereby represents and warrants that the Property is and shall be free of Lessor Liens attributable to Lessor. It is agreed that the Lessee has been afforded full opportunity to inspect the Property, is satisfied with the results of its inspections of the Property and is entering into this Lease solely on the basis of the results of its own inspections and all risks incident to the matters discussed in the preceding sentence, as between the Lessor, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The Lessee acknowledges that the Property has been subject to a sale-PARTY HOSTING PROVIDERSleaseback transaction among the Lessee, the Seller and the Lessor and, therefore, the Lessee is fully familiar with the condition of the Property and is not looking to any other Person as to any warranty with respect thereto. The provisions of this Article VII have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by the Lessor, express or implied, with respect to the Property, that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 4.1 ABOVE AND THE SPECIAL WARRANTY OF TITLE IN THE CONVEYANCE TO BE DELIVERED AT CLOSING (COLLECTIVELY “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE EXPRESS WARRANTIES SET FORTH HEREINPROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO (i) TITLE TO THE MENUSIFU SYSTEMPROPERTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, CONFORMITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING FITNESS FOR ANY PURPOSE, (ii) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (iii) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MENUSIFU SYSTEMPROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS, (iv) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, OR (v) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE SERVICES PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMDISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). WITHOUT LIMITING THE GENERALITY BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE FOREGOINGPROPERTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE BUYER SHALL ACCEPT ALL OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT SAME IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "THEIR “AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWHERE IS” CONDITION.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (EV Energy Partners, LP), Agreement of Sale and Purchase (EV Energy Partners, LP)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES SYSTEM OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES CONTENT AND CONTENT BETA MENUSIFU SOFTWARE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. THE PROGRAM, THE BOOKS BY THE BUSHEL SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE BOOKS BY THE BUSHEL SITE, ANY CONTENT, THE XXXXXXXXXXXXXXXX.XXX DOMAIN NAME, TRADEMARKS AND LOGOS OF OURS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY APPLICABLE LAW, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEMSERVICE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIME. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE FOR (A) THE OPERATION ANY ERRORS, INACCURACIES, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE QUALITY OF THE MENUSIFU SYSTEM PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, OR THE SERVICES AMAZONSMILE SITE WILL MEET YOUR REQUIREMENTSCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS PARTICIPATION AGREEMENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESFURTHER, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY WE WILL NOT BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCOMPENSATION, DELIVERY FAILURESREIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGBENEFITS, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT (Y) ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINVESTMENTS, REPORTED OR REMEDIEDEXPENDITURES, OR THAT THERE WILL NOT BE COMMITMENTS BY YOU IN CONNECTION WITH THIS PARTICIPATION AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, TERMINATION OF THIS PARTICIPATION AGREEMENT OR YOUR PARTICIPATION IN THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPROGRAM.

Appears in 1 contract

Samples: www.booksbythebushel.com

Disclaimers. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINWHERE REQUIRED BY LAW, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE RELIABILITYFULLEST EXTENT PERMITTED BY LAW, AVAILABILITYANCHORAGE, TIMELINESSITS AFFILIATES, SUITABILITYAND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, ACCURACY WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR COMPLETENESS OF THE MENUSIFU SYSTEMIN ANY OTHER WAY, THE WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMPROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU ANCHORAGE, ITS AFFILIATES, AND ITS THIRDTHEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-PARTY PROVIDERS INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (A) INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE OPERATION POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. Limitation of Liability YOUR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET SITE IS AT YOUR REQUIREMENTSOWN RISK. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU ANCHORAGE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, ERRORS OR OTHER DAMAGE OMISSIONS IN THE CONTENT AVAILABLE ON THE SITE OR LOSS FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF PROFIT RESULTING FROM SUCH PROBLEMSTHIS SITE. WITHOUT LIMITING THE FOREGOING, MENUSIFU IN NO EVENT SHALL ANCHORAGE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF ANCHORAGE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY. A GENERAL RELEASE DOES NOT WARRANT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR GUARANTEE THAT ANY SUSPECT TO EXIST IN HIS OR ALL SECURITY ATTACKS WILL BE DISCOVEREDHER FAVOR AT THE TIME OF EXECUTING THE RELEASE, REPORTED WHICH IF KNOWN BY HIM OR REMEDIED, HER MUST HAVE MATERIALLY AFFECTED HIS OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, HER SETTLEMENT WITH THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDEBTOR.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINSITE(S), MENUSIFU THE MATERIALS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS ANY SOFTWARE, PRODUCT OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO SERVICE OBTAINED FROM US ARE PROVIDED IN ORIGINAL CONDITION AND WITHOUT ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , the PDR AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES REGARDING THE RELIABILITYOF TITLE, AVAILABILITYWITHOUT VIOLATION OF RIGHTS, TIMELINESSACCURACY, SUITABILITYMERCHANTABILITY AND FITNESS FOR A CERTAIN PURPOSE, ACCURACY OR COMPLETENESS AND ALSO ANY WARRANTIES THAT MAY ARISE AS A RESULT OF THE MENUSIFU SYSTEMEXECUTION OF TRANSACTIONS, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION PERFORMANCE OR USE OF TRADING OPERATIONS. APPLICABLE LAW MAY NOT ALLOW THE MENUSIFU SYSTEM EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY PDR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY WARRANTIES THAT YOUR USE OF THE SITE(S), THE MATERIALS OR THE SERVICES ANY SOFTWARE, PRODUCT OR SERVICE WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; , OR (BSECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S), THE SERVERS ON WHICH THE SITE(S) THE QUALITY OF THE MENUSIFU SYSTEM IS HOSTED, OR THE SERVICES WILL MEET YOUR REQUIREMENTSANY SOFTWARE DO NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL YOU ARE RESPONSIBLE FOR THE TRANSFER OBTAINING AND MAINTENANCE OF DATA OVER COMMUNICATIONS FACILITIESALL TELEPHONE, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, COMPUTER EQUIPMENT AND OTHER PROBLEMS INHERENT IN EQUIPMENT REQUIRED TO ACCESS AND USE THE SITE(S) AND USE ALL THESE EQUIPMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF SUCH COMMUNICATIONS FACILITIESTHE SITE(S) AND THE SOFTWARE AND FOR YOUR TRUST IN THEM. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSNO OPINIONS, DELIVERY FAILURESADVICE OR STATEMENTS BY PDR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, PARTICIPANTS OR OTHER DAMAGE VISITORS, IF MADE ON SITE(S), IN SOFTWARE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGOTHERWISE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE MAKE ANY SECURITY BREACHES BY THIRD PARTIESWARRANTY. EXCEPT WHERE EXPRESSLY PDR RESERVES THE RIGHT TO CHANGE ANY SOFTWARE OR HARDWARE CONFIGURATIONS (INCLUDING DATA STORAGE POSSIBILITIES) AT ANY TIME, AT ITS SOLE DISCRETION. YOUR USE OF THE SITE(S) AND ANY MATERIALS PROVIDED OTHERWISE BY MENUSIFU, THROUGH THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSITE(S) IS SOLELY AT YOUR SOLE RISK.

Appears in 1 contract

Samples: app.pdrdispatch.com

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 4 AND THE SPECIAL WARRANTY IN THE CONVEYANCE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINOF SELLER CONTAINED IN SECTION 4 AND THE SPECIAL WARRANTY IN THE CONVEYANCE, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTY OR IMPLIED WARRANTIES WITH REGARD REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO TITLE TO THE MENUSIFU SYSTEMPROPERTIES OR RELATING TO THE CONDITION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYQUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, NON- INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. PRIOR TO CLOSING, BUYER SHALL HAVE THE OPPORTUNITY TO INSPECT THE PROPERTIES, AND, EXCEPT FOR ANY BREACHES BY SELLER OF THE REPRESENTATION AND QUALITYWARRANTY CONTAINED IN SECTION 4(a)(xviii), UPON CLOSING BUYER SHALL BE DEEMED TO HAVE WAIVED ANY CLAIMS AGAINST SELLER WITH RESPECT TO THE CONDITION OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING, BUT NOT LIMITED TO, CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM). EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 4, BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES, AND EXCEPT FOR ANY BREACHES BY SELLER OF THE REPRESENTATION AND WARRANTY CONTAINED IN SECTION 4(a)(xviii), BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR AS IS, WHERE IS CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED BUYER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Energen Corp)

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES ----------- EXPRESSLY SET FORTH HEREININ ARTICLE V OF THE ASSET SALE AGREEMENT, MENUSIFU THE AUCTIONED ASSETS ARE BEING SOLD AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL TRANSFERRED "AS IS, WHERE IS", AND SELLER IS NOT MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED WARRANTIES IMPLIED, CONCERNING SUCH AUCTIONED ASSETS (INCLUDING ANY RELATING TO LIABILITIES, OPERATIONS OF THE GENERATING FACILITIES, CONDITION, VALUE OR QUALITY OF THE AUCTIONED ASSETS OR THE PROSPECTS (FINANCIAL OR OTHERWISE), RISKS OR OTHER INCIDENTS OF THE AUCTIONED ASSETS) OR WITH REGARD RESPECT TO THE MENUSIFU SYSTEMASSET SALE AGREEMENT OR THE ANCILLARY AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY. SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE AUCTIONED ASSETS, OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY GOVERNMENTAL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ENVIRONMENTAL LAWS, OR WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR PERSONAL PROPERTY TO OPERATE THE AUCTIONED ASSETS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SECTION 5.10 OF YOUR ABILITYTHE ASSET SALE AGREEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED AUCTIONED ASSETS, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMBUYER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT SELLER MAKES NO REPRESENTATION OR WARRANT THAT (A) WARRANTY WITH RESPECT TO THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESINFORMATION SET FORTH IN, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUCONTEMPLATED BY, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSINFORMATION MEMORANDUM.

Appears in 1 contract

Samples: Mirant Mid Atlantic LLC

Disclaimers. EXCEPT FOR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS WARRANTIES SET FORTH HEREINOR IMPLIED. YOUR USE OF THE SERVICES, MENUSIFU INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES, IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ec2 AND ITS THIRD-PARTY PROVIDERS HEREBY PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION, IMPLIED WARRANTIES OF YOUR ABILITYTITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEAND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOURSE OF PERFORMANCE OR USAGE OF TRADE. MENUSIFU ec2 AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYPARENTS, AVAILABILITYSUBSIDIARIES, TIMELINESSAFFILIATES, SUITABILITYLICENSORS, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMSUPPLIERS, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGADVERTISERS, MENUSIFU SPONSORS AND ITS THIRD-PARTY PROVIDERS AGENTS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR YOUR USE OF THE MENUSIFU SYSTEM SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES SERVICES, WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE SECURE, THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS DEFECTS WILL BE DISCOVERED, REPORTED OR REMEDIEDCORRECTED, OR THAT THERE WILL NOT BE THE SERVICES (OR ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUPART THEREOF), THE MENUSIFU SYSTEMSERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED TO YOU FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF ec2 OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON AN "AS IS" BASISTHE SERVICES, EXCLUSIVE OF IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY WHATSOEVERNOT EXPRESSLY STATED IN THE TERMS. EACH PARTY DISCLAIMS BECAUSE SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSOF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimers. EXCEPT FOR THE EXPRESS APPLICATION AND ALL CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES SET FORTH HEREINOF ANY KIND. ALL WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS EXPRESS, IMPLIED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS OF THIRD-PARTY PROVIDERS MAKE RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, WE DISCLAIM (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE APPLICATION OR CIRCUMSTANCES OVER WHICH RIPL HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE APPLICATION MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION OR USE OF ANY INFORMATION OR CONTENT ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIPL THROUGH THE APPLICATION CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE ARE NOT RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT THAT IS LINKED TO FROM THE APPLICATION. THE APPLICATION AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES REGARDING OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH THE RELIABILITYAPPLICATION, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MENUSIFU SYSTEMAPPLICATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGYour downloading, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (Ainstallation and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYor loss of data that results from the downloading, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSinstallation or use of the Application.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU NASAA AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR IMPLIED WARRANTIES WITH REGARD TO ABOUT THE MENUSIFU SYSTEMSUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE APPLICATIONS, FITNESS FOR A PARTICULAR PURPOSEDATA, TITLE, NON- INFRINGEMENT CONTENT AND QUALITYSERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND ALL SUCH APPLICATIONS, DATA, CONTENT AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MENUSIFU NASAA, ON BEHALF OF ITSELF AND ITS THIRDAGENTS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (OR ANY PART THEREOF) INCLUDING ALL APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-PARTY PROVIDERS MAKE NO REPRESENTATIONS INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NASAA OR ITS AGENTS OR SUPPLIERS KNOW, OR HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) IN ALL CASES, WHETHER SUCH WARRANTIES REGARDING ARE ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE RELIABILITYTRADE OR BY COURSE OF DEALING. SPECIFICALLY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU NASAA, ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROVIDERS DO AGENTS AND SUPPLIERS, DOES NOT REPRESENT OR WARRANT WARRANT: (i) THAT THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, (Aii) THAT DEFECTS, ERRORS OR INACCURACIES IN THE OPERATION WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE CORRECTED, (iii) THAT ANY RESULTS OBTAINED VIA THE USE OF THE MENUSIFU SYSTEM WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (iv) THAT THE WEBSITE, OR THE SERVICES WILL BE TIMELYSERVERS THAT MAKE THE SAME AVAILABLE, UNINTERRUPTED ARE FREE OF VIRUSES OR ERROR-FREE; OR (B) OTHER HARMFUL COMPONENTS. FURTHER, BUT WITHOUT LIMITING THE QUALITY GENERALITY OF THE MENUSIFU SYSTEM FOREGOING, NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES ACCURACY, DEPENDABILITY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, AND UNDER NO CIRCUMSTANCES WILL MEET NASAA OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY LIABILITIES RESULTING FROM ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH, THE INTERENT OR YOUR REQUIREMENTSSERVERS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL NETWORK OR SERVER PROBLEMS WITH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING INTERNET MAY PREVENT YOU FROM ACCESSING OR USING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITE.

Appears in 1 contract

Samples: www.nasaa.org

Disclaimers. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINMAXIMUM EXTENT PERMITTED BY LAW, MENUSIFU THE PORTAL, ACCESS TO THE PORTAL, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO IMPLIED, OR ANY GUARANTY OR ASSURANCE THE MENUSIFU SYSTEMPORTAL WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. XXXXXXXXX DOES NOT WARRANT THAT ANY PART OF THE PORTAL WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY IMPLIED WARRANTIES UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF YOUR ABILITYANY DELAY, FITNESS FOR A PARTICULAR PURPOSEFAILURE, TITLEINTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE PORTAL. XXXXXXXXX DOES NOT WARRANT THAT THE PORTAL, NON- INFRINGEMENT AND QUALITYINFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORTAL OR ELECTRONIC COMMUNICATIONS SENT FROM THE PORTAL ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXXXX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR INFORMATION FOUND ON THIRD PARTY WEBSITES OR APPS THAT LINK TO OR FROM THE PORTAL. MENUSIFU Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Portal, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Portal. If you elect to access and/or use the Portal from outside of the United States, we make no warranties that materials on the Portal are appropriate for compliance with any laws of your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the Portal if you are restricted by any local, state, national or international laws. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES XXXX XXXXXXXXX, ITS LICENSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS ARISING OUT OF OR RELATED TO THE PORTAL (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE PORTAL, STOPPAGE OF OTHER WORK OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN THE EVENT OF ANY PROBLEM WITH THE PORTAL, YOU AGREE THAT YOUR SOLE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY EXCLUSIVE REMEDY IS TO CEASE USING THE MENUSIFU SYSTEMPORTAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR UNDER NO CIRCUMSTANCES SHALL XXXXXXXXX BE LIABLE IN ANY WAY FOR YOUR USE OF THE MENUSIFU SYSTEM PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR THE SERVICES WILL BE TIMELYOMISSIONS, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY ANY INFRINGEMENT OF THE MENUSIFU SYSTEM INTELLECTUAL PROPERTY RIGHTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OTHER RIGHTS OF DATA OVER COMMUNICATIONS FACILITIESTHIRD PARTIES, INCLUDING THE INTERNETOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSOR RELATED TO, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE PORTAL. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSTHE LIMITATIONS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUAPPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, THE MENUSIFU SYSTEM, SERVICES EXCLUSIONS AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISCLAIMERS.

Appears in 1 contract

Samples: cores.wi.mit.edu

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINEACH DISCLOSING PARTY MAKES NO REPRESENTATIONS OR WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS EXPRESS, STATUTORY OR IMPLIED WARRANTIES WITH REGARD IMPLIED, AS TO THE MENUSIFU SYSTEMACCURACY AND COMPLETENESS OF MATERIALS, DOCUMENTS, ANALYSES, INTERPRETATIONS AND OTHER INFORMATION MADE AVAILABLE BY SUCH PARTY AT ANY TIME IN CONNECTION WITH THIS AGREEMENT, AND SUCH PARTY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO THE RECIPIENT PARTY OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO THE RECIPIENT PARTY, INCLUDING BUT NOT LIMITED PURSUANT TO ARTICLE 4 OR SECTION 6.1). EACH RECIPIENT PARTY EXPRESSLY AGREES THAT ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, RELIANCE UPON OR CONCLUSIONS DRAWN THEREFROM SHALL BE AT ITS OWN RISK TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL NOT GIVE RISE TO ANY LIABILITY OF OR AGAINST THE DISCLOSING PARTY. EACH RECIPIENT PARTY HEREBY WAIVES AND RELEASES ANY CLAIMS ARISING UNDER THIS AGREEMENT, COMMON LAW OR ANY STATUTE ARISING OUT OF ANY MATERIALS, DOCUMENTS OR INFORMATION PROVIDED TO SUCH PARTY. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 6.2 ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Development Agreement (Linn Energy, LLC)

Disclaimers. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR AS OTHERWISE AGREED TO IT, TM Tech SHALL NOT COMPENSATE YOU OR GIVE YOU ANY CREDITS FOR ANY PROBLEMS YOU MAY ENCOUNTER. THE EXPRESS SERVICES MAY BE TERMINATED AT ANY TIME PURSUANT TO SECTION l. WITHOUT LIMITING THE FOREGOING, TM Tech WORKS, THE MARKS, THE SERVICES, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS, AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON­INFRINGEMENT, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; , OR (B) THE QUALITY FREE OF THE MENUSIFU SYSTEM HARMFUL COMPONENTS, OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SUBJECT TO LIMITATIONS, DELAYS, SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DELAYSSERVICE INTERRUPTIONS, DELIVERY FAILURESINCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSNOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: These General Terms and Conditions of Service

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINEACH PARTY MAKES NO REPRESENTATIONS OR WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS EXPRESS, STATUTORY OR IMPLIED WARRANTIES WITH REGARD IMPLIED, AS TO THE MENUSIFU SYSTEMACCURACY AND COMPLETENESS OF MATERIALS, DOCUMENTS AND OTHER INFORMATION MADE AVAILABLE BY SUCH PARTY IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT AND SUCH PARTY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO EACH OTHER PARTY OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO SUCH OTHER PARTIES, INCLUDING BUT NOT LIMITED PURSUANT TO SECTION 9.1). EACH PARTY EXPRESSLY AGREES THAT ANY IMPLIED WARRANTIES OF YOUR ABILITYRELIANCE UPON OR CONCLUSIONS DRAWN FROM ANY MATERIALS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT DOCUMENTS AND QUALITY, OTHER INFORMATION PROVIDED BY ANOTHER PARTY SHALL BE AT ITS OWN RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU LAW AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS SHALL NOT GIVE RISE TO ANY LIABILITY OF OR WARRANTIES REGARDING AGAINST THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVERPROVIDING PARTY. EACH PARTY DISCLAIMS ALL LIABILITY HEREBY WAIVES AND INDEMNIFICATION OBLIGATIONS RELEASES ANY CLAIMS ARISING UNDER THIS AGREEMENT, COMMON LAW OR ANY STATUTE ARISING OUT OF ANY MATERIALS, DOCUMENTS OR INFORMATION PROVIDED BY ANOTHER PARTY TO SUCH PARTY. EACH PARTY AGREES THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 9.2 ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE LAW.

Appears in 1 contract

Samples: Joint Development Agreement (Noble Energy Inc)

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS USEZPAY HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMEQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE USEZPAY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES EQUIPMENT OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMEQUIPMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS USEZPAY DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES EQUIPMENT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES EQUIPMENT WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS USEZPAY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM EQUIPMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU USEZPAY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU USEZPAY DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUUSEZPAYU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT EQUIPMENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Equipment Rental Agreement

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Disclaimers. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS SECTION 11, THE EXPRESS SOFTWARE, HOSTED SERVICES, THIRD PARTY APPLIANCE, MAINTENANCE, UPDATES AND ENHANCEMENTS, PROFESSIONAL SERVICES, OR OTHER DELIVERABLES PROVIDED AS A RESULT OF THE PERFORMANCE OF MAINTENANCE, PROFESSIONAL SERVICES, AND ANY DELIVERABLE PROVIDED TO USER AS A RESULT OF THE PROFESSIONAL SERVICES (COLLECTIVELY, THE “WARRANTY SUBJECT MATTER”) ARE PROVIDED “AS IS” AND AIRWATCH AND ITS LICENSORS, DEVELOPERS, AND OTHER SUPPLIERS (THE “AIRWATCH PARTIES”) FURTHER DISCLAIM THAT THE FUNCTIONS CONTAINED IN THE WARRANTY SUBJECT MATTER WILL MEET THE REQUIREMENTS OF USER OR THAT THE OPERATION OF THE WARRANTY SUBJECT MATTER WILL BE ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTIES SET FORTH HEREININ THIS SECTION 11 ARE THE ONLY WARRANTIES PROVIDED FOR THE WARRANTY SUBJECT MATTER, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL THE REMEDIES FOR BREACHES OF SUCH LIMITED WARRANTIES ARE EXCLUSIVE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 11, THERE ARE NO OTHER WARRANTIES, CONDITIONS, OR TERMS, WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO BY STATUTE, OPERATION OF LAW, TRADE USAGE, COURSE OF PERFORMANCE OR DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, TITLE, NON- INFRINGEMENT ACCURACY, OR COMPLETENESS; ALL SUCH WARRANTIES BEING SPECIFICALLY AND QUALITY, TO FULLY DISCLAIMED BY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRWATCH PARTIES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO OTHER WRITTEN OR ORAL REPRESENTATIONS OR WARRANTIES AFFIRMATIONS OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS FROM AIRWATCH OR ANY OTHER SOURCE REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS PERFORMANCE OF THE MENUSIFU SYSTEMWARRANTY SUBJECT MATTER THAT ARE NOT CONTAINED IN THIS XXXX, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL SHALL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE BINDING ON THE AIRWATCH PARTIES AND ARE HEREBY EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISCLAIMED.

Appears in 1 contract

Samples: User License Agreement

Disclaimers. EXCEPT LIMITATION OF WARRANTIES: THIS LIMITED WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES NOT SPECIFIED HEREIN. THIS LIMITED WARRANTY, THE EXPRESS WARRANTIES OBLIGATIONS OF MTU AND THE RIGHTS AND REMEDIES OF THE OWNER SET FORTH HEREININ THIS LIMITED WARRANTY ARE EXCLUSIVE AND ARE EXPRESSLY IN LIEU OF, MENUSIFU AND ITS THIRD-PARTY PROVIDERS THE OWNER HEREBY DISCLAIM WAIVES AND RELEASES ALL OTHER OBLIGATIONS, WARRANTIES (INCLUDING WARRANTY AGAINST REDHIBITORY DEFECTS), REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, ARISING BY LAW IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES CLAIMS ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE PERFORMANCE OF YOUR ABILITYTHIS LIMITED WARRANTY OR FROM THE DESIGN, FITNESS FOR A PARTICULAR PURPOSEMANUFACTURE, TITLESALE, NON- INFRINGEMENT AND QUALITYREPAIR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION LEASE OR USE OF THE MENUSIFU SYSTEM PRODUCT, ANY COMPONENT THEREOF AND SERVICES DELIVERED OR THE SERVICES WILL BE TIMELYRENDERED HEREUNDER OR OTHERWISE. IN NO EVENT, UNINTERRUPTED WHETHER AS A RESULT OF BREACH OF CONTRACT OR ERROR-FREE; WARRANTY, ALLEGED NEGLIGENCE, OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESOTHERWISE, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY SHALL MTU BE SUBJECT TO LIMITATIONSLIABILITY FOR INCIDENTAL, DELAYSCONSEQUENTIAL, AND OTHER PROBLEMS INHERENT IN INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGE TO THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESPRODUCT, OR OTHER DAMAGE OR PROPERTY, COMMERCIAL LOSSES, LOST PROFITS, LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGUSE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINCONVENIENCE, REPORTED OR REMEDIEDLOSS OF TIME, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, OR THAT THERE WILL CLAIMS OF CUSTOMERS. MTU AMERICA INC. SHALL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS LIABLE FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCLAIM GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT.

Appears in 1 contract

Samples: Services Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINSOLUTION IS COMPLEX COMPUTER SOFTWARE. ITS PERFORMANCE WILL VARY DEPENDING ON THE AUTHORIZED SERVERS ON WHICH IT IS INSTALLED, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO SOFTWARE INTERACTIONS, THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS CONFIGURATION OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, SOFTWARE AND OTHER PROBLEMS INHERENT IN FACTORS. THE USE OF SUCH COMMUNICATIONS FACILITIESSOLUTION IS NEITHER FAULT TOLERANT NOR FREE FROM ERRORS, CONFLICTS OR INTERRUPTIONS. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU ELASTIFILE DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS THE SOLUTION WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOLUTION WILL OPERATE ERROR-FREE, THAT CUSTOMER’S USE OF THE SOLUTION WILL BE DISCOVEREDUNINTERRUPTED, REPORTED THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S EQUIPMENT OR REMEDIEDSOFTWARE CONFIGURATIONS OR THAT ELASTIFILE WILL CORRECT ALL ERRORS IN THE SOLUTION. IN ADDITION, THE WARRANTY IN SECTION 7.1 ABOVE DOES NOT COVER, AND ELASTIFILE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR PROBLEMS CAUSED BY MODIFICATIONS OR CUSTOMIZATIONS TO THE SOLUTION MADE BY CUSTOMER OR ANY OTHER THIRD PARTY ACTING ON CUSTOMER’S BEHALF, OR THAT THERE WILL NOT BE EVENTS BEYOND ELASTIFILE’S REASONABLE CONTROL. THE WARRANTIES STATED IN SECTION 7.1 ARE THE SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE SOLUTION AND DOCUMENTATION. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 7.1 ABOVE, THE SOLUTION AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS, AND ELASTIFILE EXPRESSLY DISCLAIMS ANY SECURITY BREACHES BY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF TITLE, NONINFRINGEMENT OF THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU’ RIGHTS; NO ELASTIFILE PARTNER, THE MENUSIFU SYSTEMDISTRIBUTOR, SERVICES AND CONTENT ARE PROVIDED RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO YOU ON AN "AS IS" BASISMAKE ANY MODIFICATIONS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM EXTENSIONS, OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSADDITIONS TO THIS WARRANTY.

Appears in 1 contract

Samples: Elastifile Terms of Service Agreement

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 3(a) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH HEREININ SECTION 3(a), MENUSIFU SELLER EXPRESSLY DISCLAIMS ANY AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR IMPLIED WARRANTIES WITH REGARD REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE MENUSIFU SYSTEMCONDITION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYQUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, NON- INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, SELLER MAKES NO OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. EXCEPT AS OTHERWISE PROVIDED HEREIN, BUYER SHALL HAVE INSPECTED OR WAIVED (AND QUALITYUPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). ALSO WITHOUT LIMITATION OF THE FOREGOING, EXCEPT AS OTHERWISE PROVIDED HEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES. EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER, SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER’S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kodiak Oil & Gas Corp)

Disclaimers. EXCEPT FOR AS OTHERWISE PROVIDED IN THIS AGREEMENT, SONATYPE MAKES NO, AND COMPANY HEREBY WAIVES AND DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT OR THE EXPRESS WARRANTIES SET FORTH HEREINPRODUCTS, MENUSIFU SERVICES AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMDELIVERABLES CONTEMPLATED HEREBY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON‐INFRINGEMENT OR ERROR‐FREE OR UNINTERRUPTED SERVICE, NON- INFRINGEMENT AND QUALITYAS WELL AS ALL IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOURSE OF PERFORMANCE OR USAGE OF TRADE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMFURTHERMORE, THE PRODUCTS, SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM DELIVERABLES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SONATYPE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING MOREOVER, ALL REPORTS GENERATED BY THE FOREGOINGPRODUCTS INCLUDE PUBLICLY AVAILABLE LICENSE AND SECURITY INFORMATION RELEVANT TO CERTAIN APPLICATION COMPONENT IDENTIFIERS. THOUGH SONATYPE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE REPORTS ARE CURRENT AND ACCURATE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THERE ARE NATURAL LATENCIES ASSOCIATED WITH OBTAINING AND MAKING AVAILABLE INFORMATION AND DATA ASSOCIATED WITH APPLICATION COMPONENT IDENTIFIERS. AS SUCH, COMPANY ACKNOWLEDGES AND AGREES THAT THE INFORMATION AND DATA INCLUDED IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDREPORTS IS BASED ON PUBLICLY AVAILABLE INFORMATION, REPORTED OR REMEDIED, OR THAT THERE WILL AND THEREFORE MAY NOT BE ACCURATE OR COMPLETE. FURTHERMORE, REFERENCES TO OPEN SOURCE SOFTWARE LICENSE AGREEMENTS (OR TERMS THEREOF) INCLUDED IN A REPORT DO NOT CONSTITUTE LEGAL ADVICE OR GUIDANCE, AND COMPANY ACKNOWLEDGES AND AGREES THAT IT IS RESPONSIBLE FOR SEEKING APPROPRIATE LEGAL ADVICE REGARDING COMPANY’S RIGHTS AND OBLIGATIONS SET FORTH IN ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSUCH LICENSE AGREEMENT.

Appears in 1 contract

Samples: Services Agreement

Disclaimers. EXCEPT CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE WAS DEVELOPED FOR GENERIC USE AND WAS NOT CUSTOMIZED TO MEET THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYCUSTOMER’S SPECIFIC NEEDS. THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES WARRANTIES SET FORTH IN THIS SECTION 7 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SERENA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RESULTS YOU MAY OBTAIN BY USING STATE OF ART DOES NOT ALLOW FOR THE MENUSIFU SYSTEMDEVELOPMENT OF ERROR-FREE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGTO THIS EFFECT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO SERENA DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE OR MAINTENANCE SHALL MEET CUSTOMER’S REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL SOFTWARE SHALL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; OR (B) . TO THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES MAXIMUM EXTENT PERMITTED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUAPPLICABLE LAW, THE MENUSIFU SYSTEM, SERVICES REMEDIES SET FORTH IN THIS SECTION 7 ARE CUSTOMER’S SOLE AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE CONTRACTUAL REMEDIES AND SERENA’S SOLE AND EXCLUSIVE LIABILITY REGARDING FAILURE OF ANY WARRANTY WHATSOEVERSOFTWARE TO FUNCTION OR PERFORM AS WARRANTED IN THIS SECTION 7. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD7.2 Renúncias. O CLIENTE RECONHECE E CONCORDA QUE O SOFTWARE FOI DESENVOLVIDO PARA USO GENÉRICO E NÃO FOI CUSTOMIZADO PARA ATENDER ÀS NECESSIDADES ESPECÍFICAS DO CLIENTE. PORTANTO, NA MÁXIMA EXTENSÃO PERMITIDA PELA LEI APLICÁVEL, AS GARANTIAS ESTABELECIDAS NESTA CLÁUSULA 7 SÃO EXCLUSIVAS E SUBSTITUEM TODAS AS OUTRAS GARANTIAS, EXPRESSAS OU IMPLÍCITAS, E A SERENA RENUNCIA EXPRESSAMENTE À TODAS AS OUTRAS GARANTIAS, INCLUINDO TODA E QUALQUER GARANTIA IMPLÍCITA DE COMERCIALIZAÇÃO, ADEQUAÇÃO A UMA FINALIDADE ESPECÍFICA E GARANTIAS ESTATUTÁRIAS DE NÃO-PARTY HOSTING PROVIDERSVIOLAÇÃO. O CLIENTE RECONHECE E CONCORDA QUE O ESTADO DA ARTE NÃO PERMITE O DESENVOLVIMENTO DE SOFTWARE LIVRE DE ERROS. POR ISSO, A SERENA NÃO GARANTE QUE O SOFTWARE OU A MANUTENÇÃO ATENDERÃO ÀS NECESSIDADES DO CLIENTE OU QUE O USO DO SOFTWARE SERÁ ININTERRUPTO OU LIVRE DE ERROS. NA MÁXIMA EXTENSÃO PERMITIDA PELA LEI APLICÁVEL, OS RECURSOS ESTABELECIDOS NESTA CLÁUSULA 7 SÃO OS ÚNICOS E EXCLUSIVOS RECURSOS CONTRATUAIS DO CLIENTE E A ÚNICA E EXCLUSIVA RESPONSABILIDADE DA SERENA EM RELAÇÃO AO NÃO FUNCIONAMENTO OU FALHA DE DESEMPENHO DO SOFTWARE CONFORME GARANTIDO NESTA CLÁUSULA 7.

Appears in 1 contract

Samples: www.microfocus.com

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS EXPRESSLY SET FORTH HEREININ THIS XXXX, MENUSIFU THE SOFTWARE, HOSTED SERVICES, THIRD PARTY APPLIANCE, THIRD PARTY SOFTWARE, MAINTENANCE, UPDATES AND ENHANCEMENTS, SOFTWARE RELATED SERVICES, OR DELIVERABLES PROVIDED AS A RESULT OF THE PERFORMANCE OF MAINTENANCE OR SOFTWARE RELATED SERVICES (COLLECTIVELY, THE “WARRANTED MATTERS”) ARE PROVIDED “AS IS” AND ACCESSAGILITY AND ITS THIRD-PARTY PROVIDERS HEREBY LICENSORS, DEVELOPERS, AND OTHER SUPPLIERS (THE “ACCESSAGILITY PARTIES”) FURTHER DISCLAIM ALL THAT THE FUNCTIONS CONTAINED IN THE WARRANTED MATTERS WILL MEET THE REQUIREMENTS OF CUSTOMER OR OPERATE ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH IN THIS XXXX, THERE ARE NO OTHER WARRANTIES, CONDITIONS, OR REPRESENATATIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMBY STATUTE, INCLUDING BUT NOT LIMITED TO ANY OPERATION OF LAW, TRADE USAGE, COURSE OF PERFORMANCE OR DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, TITLE, NON- INFRINGEMENT ACCURACY, OR COMPLETENESS; ALL SUCH WARRANTIES BEING SPECIFICALLY AND QUALITY, TO FULLY DISCLAIMED BY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWACCESSAGILITY PARTIES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO OTHER WRITTEN OR ORAL REPRESENTATIONS OR WARRANTIES AFFIRMATIONS OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS FROM ACCESSAGILITY OR ANY OTHER SOURCE REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS PERFORMANCE OF THE MENUSIFU SYSTEMWARRANTED MATTERS THAT ARE NOT CONTAINED IN THIS XXXX, SHALL NOT BE BINDING ON THE SERVICES ACCESSAGILITY PARTIES AND ARE HEREBY EXPRESSLY DISCLAIMED. ACCESSAGILITY FURTHER DISCLAIMS ANY LIABILTY TO CUSTOMER OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE USERS FOR ANY DELAYS, DELIVERY FAILURES, DATA OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING USAGE CHARGES FOR DEVICES MANAGED BY THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Appears in 1 contract

Samples: License Agreement

Disclaimers. EXCEPT FOR TO THE EXPRESS FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE AND THE PAYMENT CARD NETWORKS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRDNON-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THE PAYMENT CARD NETWORKS MAKE NO WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE ; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN OBTAINED FROM THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY DELAYSPRODUCTS, DELIVERY FAILURESSERVICES, INFORMATION, OR OTHER DAMAGE MATERIAL PURCHASED OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING OBTAINED BY YOU THROUGH THE FOREGOING, MENUSIFU DOES NOT WARRANT SERVICES WILL MEET YOUR EXPECTATIONS; OR GUARANTEE THAT (E) ANY OR ALL SECURITY ATTACKS ERRORS IN THE SERVICES WILL BE DISCOVEREDCORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, REPORTED OR REMEDIEDSO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, OR THAT THERE ANY LIMITATION WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, CONSTRUED TO THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Hustlebeez Terms of Services

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COINCAVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. COINCAVE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. COINCAVE DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES COINCAVE IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH HEREININ THIS ARTICLE 7, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY RESEARCH INSTITUTE ON BEHALF OF THEMSELVES AND THEIR AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, STATUTORY, IMPLIED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEARISING FROM ANY COURSE OF DEALING, NON- INFRINGEMENT AND QUALITYUSAGE, OR TRADE PRACTICE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED * * * * CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITHRESPECT TO THE OMITTED PORTIONS. SCOPE, VALIDITY OR ENFORCEABILITY OF THE LICENSED TECHNOLOGY; THAT ANY PATENT SHALL ISSUE BASED UPON ANY OF THE PENDING LICENSED PATENTS; THE ACCURACY OF THE TECHNICAL INFORMATION; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF LICENSED PRODUCTS SHALL NOT INFRINGE INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE RISK AS TO PERFORMANCE OF LICENSED PRODUCTS IS ASSUMED BY APPLICABLE LAWLICENSEE. MENUSIFU LICENSEE AGREES THAT IN NO EVENT SHALL RESEARCH INSTITUTE, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, STUDENTS, INDEPENDENT CONTRACTORS OR WARRANTIES REGARDING AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, CONTRACT OR OTHERWISE. THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ABOVE LIMITATIONS ON LIABILITY APPLY EVEN IF ADVISED OF THE MENUSIFU SYSTEM, THE SERVICES POSSIBILITY OF SUCH DAMAGE. NOTHING SHALL LIMIT RESEARCH INSTITUTE'S REMEDIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESABILITY TO RECOVER DAMAGES, INCLUDING THE INTERNETINCREASED DAMAGES, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT FOR WILLFUL INFRINGEMENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSEVENT RESEARCH INSTITUTE ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS.

Appears in 1 contract

Samples: Exclusive License Agreement (AveXis, Inc.)

Disclaimers. THE PROGRAM, THE XXXXXXX.XXX SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE XXXXXXX.XXX SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, XXXXXXX.XXX DOMAIN NAME AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING XXXXXXX.XXX MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY APPLICABLE LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEMSERVICE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIME IN OUR SOLE DISCRETION. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) THE OPERATION ANY ERRORS, INACCURACIES, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE QUALITY OF THE MENUSIFU SYSTEM PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, XXXXXXX.XXX SITE, OR THE SERVICES AFFILIATE-PROGRAM SITE WILL MEET YOUR REQUIREMENTSCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. YOU ACKNOWLEDGE THAT FURTHER, NEITHER MENUSIFU WE NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER ANY OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OUR AFFILIATES OR LICENSORS WILL BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCOMPENSATION, DELIVERY FAILURESREIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGBENEFITS, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT (Y) ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINVESTMENTS, REPORTED OR REMEDIEDEXPENDITURES, OR THAT THERE WILL NOT BE COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPROGRAM.

Appears in 1 contract

Samples: Affiliate Program Agreement

Disclaimers. (a) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPROVIDED IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , THE SCHOOLOGY SYSTEM IS PROVIDED “AS-IS” AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR WARRANTIES REGARDING IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OPERATION OF THE MENUSIFU SYSTEMSOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. ALL OTHER WARRANTIES RELATING TO THE SCHOOLOGY SYSTEM OR THIS AGREEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY SCHOOLOGY. EXCEPT AS PROVIDED HEREIN, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY ENTIRE RISK AND LIABILITY ARISING OUT OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SCHOOLOGY SYSTEM OR REMAINS WITH SUBSCRIBER, INCLUDING, BUT NOT LIMITED TO, WHEN SUBSCRIBER’S PRACTICES ARE INCONSISTENT WITH THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR STANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (B1999) BY THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSAMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, MENUSIFU THERE IS NO WARRANTY FOR PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF SCHOOLOGY’S REASONABLE CONTROL; (B) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR SUBSCRIBER’S THIRD PARTIES; OR (C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. (b) SCHOOLOGY DOES NOT WARRANT AND CANNOT CONTROL PERFORMANCE OF THE SCHOOLOGY SYSTEM BASED ON THE FLOW OF DATA TO OR GUARANTEE THAT ANY FROM SCHOOLOGY’S NETWORK AND OTHER PORTIONS OF THE INTERNET, WHICH DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES CONTROLLED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUAT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE MENUSIFU INTERNET (OR PORTIONS THEREOF). ALTHOUGH SCHOOLOGY WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, SCHOOLOGY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SCHOOLOGY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. (c) IN CONNECTION WITH USING THE SCHOOLOGY SYSTEM, SUBSCRIBER MAY PURCHASE PRODUCTS AND/OR SERVICES FROM, AND/OR PARTICIPATE IN PROMOTIONS OF, THIRD PARTIES. TRANSACTIONS RELATING TO ANY SUCH THIRD PARTY PRODUCTS, SERVICES AND/OR PROMOTIONS, AND CONTENT ANY TERMS ASSOCIATED THEREWITH, ARE PROVIDED TO YOU ON AN "AS IS" BASISSOLELY BETWEEN SUBSCRIBER AND THE RELEVANT THIRD PARTIES. Schoology, EXCLUSIVE OF ANY WARRANTY WHATSOEVERcuando se utilice de acuerdo con las especificaciones suministradas por Schoology, tendrá un desempeño sustancial acorde a dichas especificaciones. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSEn caso de que el Sistema de Schoology no se ajuste a las garantías anteriores, Schoology hará un esfuerzo comercial razonable para corregir dicha falta de conformidad. En caso de no ser capaz de corregir esto, Schoology rescindirá este Contrato y reembolsará al Suscriptor los honorarios de suscripción pagados previamente correspondientes al período de tiempo restante del Plazo desde la fecha de rescisión. Las reparaciones limitadas descritas en esta Sección son obligaciones únicas de Schoology y reparaciones exclusivas del Suscriptor por cualquier incumplimiento en las garantías limitadas que aquí se especifican. Las garantías limitadas que se proporcionan en esta Sección son nulas si la no conformidad es consecuencia de (x) el uso del Sistema de Schoology junto con software o hardware que no es compatible con el Sistema de Schoology o que no cumple con las especificaciones técnicas suministradas por Schoology; (y) el mantenimiento inadecuado o indebido del equipo o software del Suscriptor; o (z) la conectividad inadecuada a Internet o banda ancha. El Suscriptor es el único responsable de los resultados obtenidos y las decisiones tomadas respecto al uso del Sistema de Schoology. El Sistema de Schoology puede incluir componentes de software de código abierto y el uso de tales componentes puede quedar sujeto a términos y condiciones adicionales. 10.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTIONS 8.1 AND 8.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, NON- INFRINGEMENT AND QUALITYINCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MODIFY ANY OF THE MENUSIFU SYSTEM, THE SERVICES ABOVE WAR- RANTIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMMAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF LICENSOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE SOFTWARE WAS FUR- NISHED TO YOU. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF LICENSOR WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION AP- PLICABLE TO THIS AGREEMENT. FOR WARRANTY ASSISTANCE CONTACT LICENSOR OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) RESELLER FROM WHOM YOU OBTAINED THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Appears in 1 contract

Samples: License Agreement

Disclaimers. EXCEPT FOR THE EXPRESS SOFTWARE, CONTENT, AND ANY PORTIONS THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES SET FORTH HEREINOF ANY KIND. RENDIA, MENUSIFU INC. AND ITS THIRD-EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND THIRD PARTY PROVIDERS HEREBY (THE " RENDIA, INC. RELATED PARTIES") DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SOFTWARE AND CONTENT, AND SPECIFICALLY DISCLAIM ALL ANY WARRANTY OR REPRESENTATION CONCERNING THE QUALITY, SAFETY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR FUNCTIONALITY OF THE SOFTWARE AND CONTENT. MOREOVER, RENDIA, INC. AND THE RENDIA, INC. RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON- AND/OR NON-INFRINGEMENT AND QUALITY, OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE AND CONTENT. MENUSIFU RENDIA, INC. AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS THE RENDIA, INC. RELATED PARTIES ALSO DO NOT WARRANT THE SOFTWARE AND CONTENT TO BE FREE OF ANY ERROR OR WARRANTIES REGARDING DEFECT. YOU: (1) ASSUME THE RELIABILITY, AVAILABILITY, TIMELINESS, ENTIRE RISK AS TO THE SUITABILITY, ACCURACY OR COMPLETENESS USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENTNESS AND PERFORMANCE OF THE MENUSIFU SYSTEMSOFTWARE AND CONTENT; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SOFTWARE AND CONTENT; AND (3) AGREE TO INDEPENDENTLY VERIFY, THROUGH OTHER SOURCES, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY ACCURACY, COMPLETENESS AND CURRENTNESS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCONTENT.

Appears in 1 contract

Samples: Software License Agreement

Disclaimers. EXCEPT FOR As Is. TO THE EXPRESS FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITYOUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (D) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS OR PRODUCTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE. YOU AGREE THAT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING THE IN-HOME BEAUTY SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE IN-HOME BEAUTY SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH IN-HOME BEAUTY SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR IN PERSON. YOU UNDERSTAND THAT XXXXXX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. XXXXXX DOES NOT GUARANTEE OR WARRANT ANY EXPERT’S PERFORMANCE IN THE APPOINTMENT OR QUALITY OF THE IN-HOME BEAUTY SERVICES. Limitation on Liability TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , IN NO EVENT WILL WE (AND ITS THIRD-OUR SUPPLIERS), OR THE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS FOR ANY LOST PROFIT OR WARRANTIES REGARDING THE RELIABILITYANY INDIRECT, AVAILABILITYCONSEQUENTIAL, TIMELINESSEXEMPLARY, SUITABILITYINCIDENTAL, ACCURACY SPECIAL OR COMPLETENESS OF THE MENUSIFU SYSTEMPUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. ACCESS TO, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR OF, THE SERVICES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSDAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT DATA RESULTING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM SUCH PROBLEMSOR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) ONE HUNDRED US DOLLARS ($100) OR (b) AMOUNTS YOU’VE PAID BONNTI IN THE PRIOR 12 MONTHS (IF ANY). WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESENLARGE THIS LIMIT. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM KIND ARISING FROM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSRELATING TO THIS AGREEMENT.

Appears in 1 contract

Samples: Bonnti Inc Terms of Use

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS STATED IN THESE MASTER TERMS, MENUSIFU CORSICA DOES NOT MAKE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, INTEROPERABILITY, TITLE, NON- INFRINGEMENT AND QUALITYANY WARRANTIES ARISING FROM A COURSE OF DEALING, TO USAGE, OR TRADE PRACTICE. THE MAXIMUM EXTENT PERMITTED PRODUCTS AND SERVICES ARE DELIVERED BY APPLICABLE LAWCORSICA ON AN “AS IS,” “AS AVAILABLE” BASIS. MENUSIFU CORSICA DOES NOT WARRANT THAT THE SERVICES CONTEMPLATED BY THIS AGREEMENT WILL BE UNINTERRUPTED AND/OR ERROR FREE. CORSICA DOES NOT MAKE AND ITS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AGAINST LOSS OF DATA, SECURITY BREACHES, THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYINTERRUPTION, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS INTERFERENCE WITH DATA OR NETWORKS, AND EXPOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION REGARDLESS OF CAUSE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF CLIENT AND DO NOT REPRESENT Master Terms | Page 7 EXTEND TO ANY THIRD PARTY. CLIENT ACKNOWLEDGES THAT CORSICA SHALL BEAR NO RESPONSIBILITY FOR THE PERFORMANCE, REPAIR, OR WARRANT THAT (A) THE OPERATION OR USE WARRANTY OF ANY OF THE MENUSIFU SYSTEM CLIENT MATERIALS OR SERVICES PROVIDED TO CLIENT EXCEPT TO THE SERVICES WILL BE TIMELYEXTENT EXPRESSLY SET FORTH IN THE APPLICABLE AGREEMENT. CORSICA MAKES NO WARRANTIES OF ANY KIND, UNINTERRUPTED EXPRESSED OR ERROR-FREE; OR (B) IMPLIED, REGARDING THE QUALITY FUNCTIONALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESPRODUCTS FROM THIRD PARTIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM BUT INSTEAD RELIES ON SUCH WARRANTIES AS MAY BE SUBJECT PROVIDED BY THE MANUFACTURERS OF THOSE PRODUCTS. TO LIMITATIONSTHE EXTENT THAT ANY PRODUCTS OR MATERIALS ARE MANUFACTURED OR CREATED BY ANY THIRD PARTY, DELAYS, ANY WARRANTIES RELATED TO SUCH PRODUCTS OR MATERIALS COME SOLELY AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING EXCLUSIVELY FROM SUCH PROBLEMSTHIRD PARTY. WITHOUT LIMITING THE FOREGOINGCorsica shall not be liable for any repairs, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDreplacement, REPORTED OR REMEDIEDdowntime, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESmalfunction, nonperformance, or other loss if the applicable Products or Services are: (i) altered, modified, or repaired by persons other than Corsica; (ii) misused, abused, or not operated in accordance with the documentation or specifications provided by Corsica; or (iii) subject to improper site preparation or maintenance by persons other than Corsica or persons approved or designated by Corsica. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUClient further acknowledges and agrees that: (a) with respect to any and all third-party materials that Corsica may be supporting as part of the Services, THE MENUSIFU SYSTEMsuch third-party materials manufactured and/or developed by third parties and Corsica is not independently able or directly responsible for making corrections thereto — Corsica shall have no liability to Client in connection with the failure of the applicable third party to correct an issue; and (b) if Client elects not to follow specific advice or policies provided by Corsica in connection with the Services or directs Corsica not to follow such advice (e.g., SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISpassword administration policies, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSimproving environmental controls in Client’s server rooms, increasing Client’s hard drive capacity), Corsica shall not be liable for any downtime, security breaches, or other damages caused by Client’s directions or failure to follow the advice and Corsica shall be reimbursed at its then current rates for any additional Professional Services required to address resulting issues.

Appears in 1 contract

Samples: These Master Terms

Disclaimers. THE PROGRAM, THE LOQU8 SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE LOQU8 SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, XXXX0.XXX DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE LOQU8 MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY APPLICABLE LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEMSERVICE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIME. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) THE OPERATION ANY ERRORS, INACCURACIES, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE QUALITY OF PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE MENUSIFU SYSTEM LOQU8 SITE, OR THE SERVICES XXXXXXXXX-XXXXXXX.XXXX0.XXX SITE WILL MEET YOUR REQUIREMENTSCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ACKNOWLEDGE THAT FURTHER, NEITHER MENUSIFU WE NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER ANY OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OUR AFFILIATES OR LICENSORS WILL BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCOMPENSATION, DELIVERY FAILURESREIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGBENEFITS, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT (Y) ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINVESTMENTS, REPORTED OR REMEDIEDEXPENDITURES, OR THAT THERE WILL NOT BE COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPROGRAM.

Appears in 1 contract

Samples: Associates Agreement

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 8, MENUSIFU COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 8 COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMPANY PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES ARISING OUT OF OR RELATING TO ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT: (A) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (D) THE SERVICES WILL DETECT, FLAG OR OTHERWISE IDENTIFY ALL POTENTIAL THREATS, VULNERABILITIES AND SECURITY ISSUES RELATED TO YOUR SOFTWARE APPLICATIONS AND APPLICATION PROGRAMMING INTERFACES. NO ADVICE OR INFORMATION, INCLUDING RECOMMENDED VULNERABILITY FIXES, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE COMPANY PROPERTIES WILL CREATE ANY REPRESENTATION OR WARRANTY ON BEHALF OF COMPANY. YOU ACKNOWLEDGE THAT YOU MUST ONLY USE THE SERVICES WITH REGARD A DEVELOPMENT OR TESTING INSTANCE OF YOUR SOFTWARE APPLICATIONS AND APPLICATION PROGRAMMING INTERFACES. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR SOFTWARE APPLICATIONS AND APPLICATION PROGRAMMING INTERFACES, OR ANY LOSS OF DATA, RESULTING FROM YOUR USE OF THE MENUSIFU SYSTEMSERVICES. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND THE QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYEFFECTIVENESS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, REPUTATION AND OTHER PROBLEMS INHERENT IN THE USE CHARACTERISTICS OF SUCH COMMUNICATIONS FACILITIESSERVICES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS 9 LIMITATION OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLIABILITY.

Appears in 1 contract

Samples: s3.amazonaws.com

Disclaimers. XX AGREES THAT RA’S USE OF SYMANTEC TRUST NETWORK’S SERVICE(S) IS SOLELY AT RA’S OWN RISK. RA AGRE9ES THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE NOTED IN THIS AGREEMENT. OTHER THAN AS SET FORTH HEREININ SECTION 13.1, MENUSIFU SYMANTEC TRUST NETWORK AND ITS THIRD-PARTY PROVIDERS HEREBY MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY (I) DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES THOSE OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY AND NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU ; (II) DO NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND ITS THIRD-PARTY PROVIDERS (III) DO NOT MAKE NO REPRESENTATIONS ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR CONDITION AS TO THE RESULTS YOU THAT MAY OBTAIN BY USING BE OBTAINED FROM THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM SERVICE OR TO THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCURACY OR ERROR-FREE; RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. RA UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR (B) THE QUALITY OF THE MENUSIFU SYSTEM DATA DOWNLOADED OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN OTHERWISE OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIESSYMANTEC TRUST NETWORK’S SERVICES IS DONE AT RA’S OWN DISCRETION AND RISK. MENUSIFU IS TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO RA. SYMANTEC TRUST NETWORK AND MSC XXXXXXXXX.XXX SDN BHD ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DELAYSPRODUCTS AND/OR SERVICES PURCHASED BY RA FROM A THIRD PARTY. RA BEARS EXCLUSIVE RESPONSIBILITY, DELIVERY FAILURESTO ANY AND ALL PERSONS, OR OTHER DAMAGE OR LOSS FOR THE VALIDATION OF PROFIT RESULTING FROM ALL APPLICATIONS THAT RA APPROVES, DETERMINATION OF WHETHER A CERTIFICATE APPLICANT IS ELIGIBLE TO OBTAIN AND USE A CERTIFICATE IN ACCORDANCE WITH THE APPLICABLE SUBSCRIBER AGREEMENT, AND CONDUCT OF RAAs AND CERTIFICATE APPLICANTS RECEIVING CERTIFICATES HEREUNDER. SYMANTEC TRUST NETWORK AND MSC XXXXXXXXX.XXX SDN BHD DISCLAIM ALL SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES RESPONSIBILITY AND CONTENT ARE PROVIDED LIABILITY AS FAR AS IT IS PERMISSIBLE TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDO SO UNDER RELEVANT APPLICABLE LAW.

Appears in 1 contract

Samples: www.msctrustgate.com

Disclaimers. EXCEPT FOR THE SOFTWARE ISPROVIDED TO YOU according to the tariffs ( by selecting a tariff you accept all the terms and conditions of the tariff) AND IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU OR IMPLIED. COMPANY AND ITS THIRD-PARTY PROVIDERS HEREBY LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMThis section makes clear that no IP ownership is transferred to the user, INCLUDING BUT NOT LIMITED TO ANY and that the license does not entitle the user to do anything with the software other than what the user has been licensed. Automatic collection of data is highlighted by the inclusion of these provisions. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT TITLE AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE IS FREE OF BUGS, ERRORS, VIRUSES OR USE OF THE MENUSIFU SYSTEM OTHER DEFECTS OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. COMPANY AND OTHER PROBLEMS INHERENT IN ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF SUCH COMMUNICATIONS FACILITIESOR INABILITY TO USE THE SOFTWARE. MENUSIFU IS NOT RESPONSIBLE FOR COMPANY AND ITS LICENSORS PROVIDES ANY DELAYSWARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, DELIVERY FAILURESMEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ACHIEVE ANY KIND OF INTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSHAVE ERRORS THAT CAN BE CORRECTED Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. WITHOUT LIMITING THE FOREGOINGTo the extent that those laws apply to this Agreement, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESthe exclusions and limitations set forth above may not apply. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRDTelefon: +00 000 0000000 E-PARTY HOSTING PROVIDERS.Mail: xxxx@xxxxxxxx.xxx Xxxxxxxxxxx 000 00000 Xxxxxx

Appears in 1 contract

Samples: End User License Agreement

Disclaimers. EXCEPT YOUR USE OF THE TOTALTALK SERVICE IS AT YOUR SOLE RISK. AOL ES PROVIDES THE SERVICE AND THE APPLICATIONS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL ES AND THE EXPRESS SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE TOTALTALK SERVICE AND APPLICATIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL ES AND THE SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR APPLICATIONS WILL BE CORRECTED. AOL ES AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, APPLICATIONS, WEBSITES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICE WILL NOT FUNCTION IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION, TERMINATION OR DISCONNECTION OF YOUR TOTALTALK SERVICE OR INTERNET CONNECTION. AOL ES AND THE SUPPLIERS MAKE NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA AOL ES’ FACILITIES OR THE TOTALTALK SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT NEITHER AOL ES NOR THE SUPPLIERS WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS. THE ONLY WARRANTIES APPLICABLE TO THE VOIP EQUIPMENT ARE THOSE SET FORTH HEREININ THE DOCUMENTATION PROVIDED WITH SUCH EQUIPMENT. AOL ES MAKES NO WARRANTIES OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, NON- INFRINGEMENT AND QUALITYCOURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE VOIP EQUIPMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS FIRMWARE OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY SOFTWARE IS "ERROR FREE" OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Appears in 1 contract

Samples: Totaltalk Terms of Service

Disclaimers. EXCEPT THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS FOR THE EXPRESS WARRANTIES SET FORTH HEREIN3DS OFFERINGS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS 3DS DISCLAIMS ALL LIABILITY FOR ANY USE OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS APPLICATION OF THE MENUSIFU SYSTEM, THE SERVICES ANY 3DS OFFERING OR THE RESULTS YOU MAY OBTAIN OR DECISIONS MADE OR OBTAINED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY USERS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO 3DS OFFERING. 3DS DOES NOT REPRESENT OR WARRANT THAT (AI) THE FUNCTIONS OF ANY 3DS OFFERING WILL MEET CUSTOMER’S REQUIREMENTS OR WILL ENABLE IT TO ATTAIN THE OBJECTIVES CUSTOMER HAS SET FOR ITSELF, (II) THE 3DS OFFERING WILL OPERATE IN THE COMBINATION OR ENVIRONMENT SELECTED FOR USE BY CUSTOMER, OR (III) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES 3DS OFFERING WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OF ERRORS. IN ALL INSTANCES, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE RESULTS PRODUCED BY THE 3DS OFFERING COMPLY WITH QUALITY AND SAFETY REQUIREMENTS OF CUSTOMER’S PRODUCTS OR SERVICES. NO EMPLOYEE OR AGENT OF 3DS IS AUTHORIZED TO GIVE A GREATER OR DIFFERENT WARRANTY. CUSTOMER SHALL HAVE EXCLUSIVE RESPONSIBILITY FOR (A) SELECTION OF THE 3DS OFFERING TO ACHIEVE CUSTOMER’S INTENDED RESULTS, (B) THE QUALITY INSTALLATION OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESLICENSED PROGRAM, INCLUDING THE INTERNET(C) TAKING ADEQUATE MEASURES TO PROPERLY TEST, OPERATE, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYSUSE EACH 3DS OFFERING, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES(D) RESULTS OBTAINED THEREFROM. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS3DS exercises no control over, DELIVERY FAILURESand assumes no responsibility or liability for any Customer content or third party content, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSincluding databases and digital models provided or published via the 3DS Offerings.

Appears in 1 contract

Samples: License and Online Services Agreement

Disclaimers. IT IS AGREED AND ACKNOWLEDGED THAT (I) THE SERVICES INCLUDE A COMPLEX COMPUTER SOFTWARE THE PERFORMANCE OF WILL VARY INTER-ALIA DEPENDING ON THE CUSTOMER’S HARDWARE PLATFORM, SOFTWARE INTERACTIONS, NETWORK, THE CONFIGURATION OF THE SOLUTION AND OTHER FACTORS WHICH ARE NOT CONTROLLED BY OPSTER AND THAT EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMSTATED ABOVE, THE SERVICES ARE NEITHER FAULT TOLERANT NOR FREE FROM ERRORS, CONFLICTS OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU INTERRUPTIONS AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU OPSTER DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT CUSTOMER’S USE OF THE SERVICES WILL BE DISCOVEREDUNINTERRUPTED, REPORTED THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S EQUIPMENT OR REMEDIEDSOFTWARE CONFIGURATIONS OR THAT OPSTER WILL CORRECT ALL ERRORS IN THE SERVICES; AND (II) THE SERVICES THE SERVICES AND ANY RESULTING ACTIONS TAKEN BY OPSTER ARE PROVIDED SOLELY AS A DECISION-SUPPORT TOOL, WHICH MUST BE VALIDATED BY CUSTOMER PRIOR TO IMPLEMENTATION OF ANY SUGGESTIONS OR OTHER RESULTS OF THE SERVICES AND THAT EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED ABOVE, USE AND/OR IMPLEMENTATION OF THE SUGGESTIONS EITHER BY CUSTOMER OR BY ANYONE ACTING ON ITS BEHALF (INCLUDING ANY MANUAL OR AUTOMATIC ACTION BY OPSTER WHEN AUTHORIZED BY CUSTOMER TO DO SO INCLUDING BY A PROMPT AND CONSENT USER FLOW) OR OTHERWISE CUSTOMER’S CONSUMPTION OF THE SERVICES IS PERFORMED AT CUSTOMER’S RISK. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 5.1 ABOVE THE SERVICES AND THE DOCUMENTATION ARE PROVIDED “AS IS”, AND OPSTER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY CONCERNING USE, PERFORMANCE, ACCURACY, FITNESS FOR PURPOSE, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESRESULTS OF THE SERVICES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUNOTWITHSTANDING ANYTHING TO THE CONTRARY, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL OPSTER SHALL HAVE NO RESPONSIBILITY OR LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM PROBLEMS OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSMODIFICATIONS OR CUSTOMIZATIONS TO THE SERVICES MADE WITHOUT OPSTER’S WRITTEN APPROVAL.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINCWP SERVICES, MENUSIFU TECHNICAL SUPPORT SERVICES, DATA MANAGEMENT SERVICES, AND ITS THIRD-THIRD PARTY PROVIDERS HEREBY DISCLAIM FEATURES, AND THIRD PARTY SOFTWARE ARE NOT SUBJECT TO ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE AND CWP SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, NON- TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVIDED HEREIN AND QUALITY, THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. CUSI DOES NOT WARRANT THAT THE CWP SERVICES WILL FUNCTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MEET ALL OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY BUSINESS REQUIREMENTS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT LICENSEE OR WARRANT THAT (A) THE OPERATION OR LICENSEE’S USE OF THE MENUSIFU SYSTEM OR THE CWP SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSUNINTERRUPTED. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND LICENSEE ACKNOWLEDGES THAT THE MENUSIFU SYSTEM MAY CWP SERVICES ARE PROVIDED TO ASSIST LICENSEE IN ITS BUSINESS OPERATIONS AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THE CWP SERVICES ARE NOT WARRANTED TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESCOMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES. MENUSIFU LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSLICENSEE DATA INPUT INTO THE CWP SERVICES, DELIVERY FAILURESALL INFORMATION AND LICENSEE DATA UPON WHICH CUSI RELIES IN PROVIDING THE CWP SERVICES AND THE ACCURACY OF ANY CONFIGURATION OF THE CWP SERVICES, INCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH CWP TECHNICAL SUPPORT AND MAINTENANCE SERVICES TO CONFIGURE THE CWP SERVICES. THE CWP SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR LOSS OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH CONSULTATION, CWP SERVICES AND INFORMATION OBTAINED THROUGH USE OF PROFIT RESULTING THE CWP SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM SUCH PROBLEMSA COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO IMPLEMENTING THE CWP SERVICES OR RESULTS OF CWP SERVICES INTO A PRODUCTION ENVIRONMENT. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE LICENSEE AGREES THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE CUSI WILL NOT HAVE ANY RESPONSIBILITY FOR THE SECURITY OF ITS SYSTEMS AND LICENSEE DATA BEYOND THOSE SET FORTH IN SECTION 8.1. TO THE EXTENT THE CWP SERVICES ARE UNDER LICENSEE’S CONTROL, LICENSEE SHALL BE ANY SOLELY RESPONSIBLE FOR THE SECURITY BREACHES BY THIRD PARTIESOF SUCH SYSTEMS AND LICENSEE DATA. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, LICENSEE SHALL HAVE FULL RESPONSIBILITY FOR ACQUIRING AND MAINTAINING SECURE INTERNET ACCESS TO THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCWP SERVICES.

Appears in 1 contract

Samples: CWP License

Disclaimers. EXCEPT ▪ DISCLAIMER OF IMPLIED WARRANTIES ▪ THE Youni SOLUTION, INCLUDING FOR GREATER CERTAINTY, THE EXPRESS WARRANTIES SET FORTH HEREINCONTENT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL REFERENCES, LINKS AND INFORMATION IN THE CONTENT, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, SECURITY OR ACCURACY. ▪ YOUR RELIANCE ON CONTENT ▪ Xxxxx HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND QUALITYYOU ACKNOWLEDGE THAT Xxxxx HAS NO CONTROL OVER, AND NO DUTY TO THE MAXIMUM EXTENT PERMITTED TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS YOU OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ANY OTHER USER OF THE MENUSIFU SYSTEMYouni SOLUTION, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE SERVICES Youni SOLUTION, OR THE RESULTS WHAT ACTIONS YOU MAY OBTAIN TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE Youni SOLUTION. ▪ THE CONTENT ON THE Youni SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE Youni PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING Youni PARTNERS. CONTENT MAY ALSO BE CREATED BY USING THE MENUSIFU SYSTEMXxxxx BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO Xxxxx. WITHOUT LIMITING THE GENERALITY ▪ Xxxxx ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT CONTENT PROVIDED THROUGH THE Youni SOLUTION. ▪ UNDER NO CIRCUMSTANCES WILL Youni BE LIABLE FOR ANY LOSS OR WARRANT THAT (A) THE OPERATION OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH USE OF THE MENUSIFU SYSTEM Youni SOLUTION, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE). ▪ IT IS YOUR RESPONSIBILITY TO EVALUATE THE SERVICES WILL BE TIMELYACCURACY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY COMPLETENESS AND USEFULNESS OF ANY CONTENT PROVIDED, AND USE OF THE MENUSIFU SYSTEM Youni SOLUTION IS SOLELY AT YOUR OWN RISK. ▪ Xxxxx WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR THE SERVICES WILL MEET ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE Youni SOLUTION, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO Xxxxx’S USE OF YOUR DATA TO PROVIDE THE Youni SOLUTION. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS▪ Control of Third Parties ▪ Youni has no control over Youni Partners or any other entity granting visas, DELIVERY FAILURESadmissions, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSpermits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not Xxxxx, and therefore release Youni from all liability in relation to your Application. WITHOUT LIMITING THE FOREGOING▪ Rejection of Applications ▪ Youni is not responsible in any way for your Application, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or Youni Partner(s). ▪ Issues with Youni Partners ▪ All issues respecting Applications, Programs, and your failure to comply with Youni Partner policies, are solely as between you and the applicable Youni Partner, and Youni bears no responsibility or liability in relation to such matters. ▪ Inability to Access Country ▪ You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities. ▪ Service Providers ▪ Although Youni has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Youni has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release Youni from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data. ▪ Unauthorized use of Access Information ▪ Youni is not responsible or liable in any way for any use of the Youni Solution (authorized or unauthorized) by any third party accessing the Youni Solution using your Access Information, and you accept all responsibility for such use of the Youni Solution and any consequences resulting from such use of the Youni Solution. ▪ Use for Time Sensitive Applications ▪ You agree that Xxxxx will not be liable for any claims or damages arising from such use if you use the Youni Solution for a time sensitive use. ▪ Availability of the Youni Solution ▪ Youni WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED HAVE NO LIABILITY WHATSOEVER TO YOU ON AN "AS IS" BASISOR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE Youni SOLUTION. ▪ Applicable Law ▪ Some jurisdictions do not allow the exclusion of certain warranties or liability, EXCLUSIVE OF ANY WARRANTY WHATSOEVERso the above limitations or exclusions may not apply to you. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS▪ Viruses ▪ The downloading and viewing of Content is done at your own risk. Youni cannot and does not guarantee or warrant that the Youni Solution or the Content are compatible with your computer system or that the Youni Solution, or any links from the Youni Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and your are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Youni Solution. ▪ Communications Not Confidential or Secure ▪ Youni does not guarantee the confidentiality of any communications made by your through the Youni Solution, over the internet or over the telephone. Although Youni generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Youni Solution, you understand, agree and acknowledge that Xxxxx cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Youni Solution.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR SERVICES SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (COLLECTIVELY, “DATA PROVIDERS”). THE INFORMATION SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE EXPRESS WARRANTIES SET FORTH HEREINACCURACY, MENUSIFU TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS THIRD-PARTY DATA PROVIDERS HEREBY DISCLAIM ALL EXPRESS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR IMPLIED WARRANTIES WITH REGARD INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO THE MENUSIFU SYSTEMANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYLIMITATED TO, FITNESS FOR A PARTICULAR PURPOSEERRORS IN CUSTOMER INPUT, TITLEDUPLICATE REQUESTS, NON- INFRINGEMENT AND QUALITYERRORS IN TRANSMISSION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE IN NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES EVENT SHALL iiX'S OR THE RESULTS YOU MAY OBTAIN APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT CUSTOMER IN THE USE OF THREE (3) MONTHS IMMEDIATELY PRECEDING ANY SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCLAIM.

Appears in 1 contract

Samples: Insurance Subscription Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTIONS 9.1 AND 9.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, NON- INFRINGEMENT AND QUALITYIN- CLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MODIFY ANY OF THE MENUSIFU SYSTEM, THE SERVICES ABOVE WARRANTIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMMAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF LICENSOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM SOFTWARE SHALL BE UNINTERRUPTED OR ER- ROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIM- ITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE SOFTWARE WAS FURNISHED TO YOU. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF LICENSOR WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION APPLICABLE TO THIS AGREEMENT. FOR WARRANTY ASSISTANCE CONTACT LICENSOR OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) RESELLER FROM WHOM YOU OBTAINED THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Appears in 1 contract

Samples: License Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU CUSTOMER WAIVES AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM RELEASES HOS PORT GROUP FROM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOBLIGATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OBLIGATIONS OR WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPHYSICAL CONDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS DELIVERY OF THE MENUSIFU SYSTEMFACILITY, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGPEACEFUL POSSESSION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYWORKMANLIKE PERFORMANCE, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESMAINTENANCE, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESREPAIR, OR OTHER DAMAGE OBLIGATIONS OR LOSS WARRANTIES UNDER ANY THEORY OF PROFIT RESULTING LAW. CUSTOMER ACKNOWLEDGES THAT THE FEES STIPULATED HEREIN WERE NEGOTIATED BASED UPON THE FACILITY’S PRESENT CONDITION. ACCORDINGLY, HOS PORT IS NOT OBLIGATED TO MAKE REPAIRS TO THE FACILITY. CUSTOMER FURTHER WAIVES AND RELEASES HOS PORT GROUP FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGANY AND ALL CLAIMS, MENUSIFU DOES NOT WARRANT LOSSES AND EXPENSES AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY HOS PORT GROUP FROM AND AGAINST ANY CLAIMS, LOSSES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, COURT COSTS, CONSULTANT'S FEES, REMEDIATION, CLEAN UP OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OTHER RESPONSE COSTS) OF ANY WARRANTY WHATSOEVERAND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, UNDER THE RESOURCE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1986, 42 U.S.C. §§ 6901 ET SEQ.; THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. §§ 9607 ET SEQ., AS AMENDED BY THE SUPERFUND AMENDMENT AND REAUTHORIZATION ACT OF 1986, PUB. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRDL. NO.99-PARTY HOSTING PROVIDERS499, 100 STAT. 1613 (CODIFIED AS AMENDED IN XXXXXXX XXXXXXXX XX 00 X.X.X.); THE HAZARDOUS MATERIALS TRANSPORTATION ACT, PUB. L. XX. 00-000, 00 XXXX. 0000 (CODIFIED AS AMENDED IN VARIOUS SECTIONS OF 46 U.S.C.); THE CLEAN WATER ACT, 33 U.S.C. §§ 1251 ET SEQ.; THE CLEAN AIR ACT, 42 U.S.C. §§7401 ET SEQ.; THE TOXIC

Appears in 1 contract

Samples: Facility Use Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS EXPRESSLY PROVIDED IN THIS SECTION 9, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMNOTWITHSTANDING SECTION 10.1, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGTRIAL SERVICES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYBETA SERVICES, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFREE SERVICES, AND THAT CONTENT ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND ICOMPLY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSTRIAL SERVICES, DELAYSBETA SERVICES, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESFREE SERVICES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSCONTENT. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES ICOMPLY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE TRIAL SERVICES, BETA SERVICES, OR GUARANTEE THAT ANY FREE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE TRIAL SERVICES, BETA SERVICES, OR ALL SECURITY ATTACKS FREE SERVICES WILL BE DISCOVEREDUNINTERRUPTED, REPORTED TIMELY, SECURE OR REMEDIEDFREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE TRIAL SERVICES, BETA SERVICES, OR THAT THERE FREE SERVICES WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVERACCURATE. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. YOU ACKNOWLEDGE HAVING INVESTIGATED THE SERVICES AND HAVE DETERMINED THAT THE SERVICES AS DESCRIBED IN APPLICABLE DOCUMENTATION ARE SUITABLE FOR YOUR PURPOSES. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE A BUSINESS TOOL THE CORRECTNESS AND USABILITY OF WHOSE OUTPUT IS YOUR RESPONSIBILITY FOR ANY JURISDICTION IN WHICH YOU USE THE SERVICES AND ICOMPLY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES IN CONNECTION WITH THE FOREGOING.

Appears in 1 contract

Samples: Master Terms and Conditions

Disclaimers. EXCEPT FOR NOTWITHSTANDING ANYTHING TO THE EXPRESS WARRANTIES SET FORTH CONTRARY HEREIN, MENUSIFU SOFTWARE IS PROVIDED “AS-IS” AND ITS THIRDCENTURYLINK MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING USE OF THE SOFTWARE, AND MAKES NO WARRANTY THAT THE SOFTWARE OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-PARTY PROVIDERS FREE, OR VIRUS-FREE. CENTURYLINK HEREBY DISCLAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLEOR ANY WARRANTY OF NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, NON- INFRINGEMENT AND QUALITYUSAGE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOR TRADE PRACTICE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND CUSTOMER ACKNOWLEDGES THAT THE MENUSIFU SYSTEM SOFTWARE MAY INCLUDE VERSIONS OF SOFTWARE, APPLICATION PROGRAMMING INTERFACES, BUGS, VIRUSES AND OTHER ERRORS, MAY HAVE LIMITED FUNCTIONALITY, MAY BE SUBJECT TO LIMITATIONSINTERRUPTIONS OR DELAYS, DELAYSMAY NOT PROCESS DATA PROPERLY, MAY NOT OPERATE IN ACCORDANCE WITH ANY SPECIFICATIONS OR DOCUMENTATION, AND/OR MAY NOT SUPPORT CUSTOMER’S BUSINESS REQUIREMENTS CENTURYLINK MASTER SERVICE AGREEMENT CENTURYLINK® SD-WAN SERVICE SCHEDULE (“ERRORS”). ANY DOCUMENTATION, USER’S MANUALS, SPECIFICATIONS, AND OTHER PROBLEMS INHERENT MATERIALS SUPPLIED BY CENTURYLINK PERTAINING TO THE CLIENT SOFTWARE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MATERIALS SUPPLIED IN CONNECTION WITH THE SOFTWARE OR ACCURACY OF ANY RESULTS OR OUTPUT RENDERED BY THE CLIENT SOFTWARE OR THAT THE CLIENT SOFTWARE IS ERROR-FREE, AND CUSTOMER AGREES THAT CENTURYLINK SHALL NOT BE LIABLE FOR ANY DAMAGE SUFFERED BY CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE CLIENT SOFTWARE, OR CAUSED BY SUCH COMMUNICATIONS FACILITIESERRORS. MENUSIFU IS CUSTOMER AGREES THAT CENTURYLINK SHALL NOT RESPONSIBLE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY ON CUSTOMER’S BEHALF FOR ANY DELAYSREASON WHATSOEVER. CUSTOMER’S USE OF THE CLIENT SOFTWARE IS AT CUSTOMER’S OWN RISK, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE AND CUSTOMER AGREES THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE AND EVERY FORM OF LIABILITY TO CENTURYLINK IS EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISCLAIMED.

Appears in 1 contract

Samples: imlive.s3.amazonaws.com

Disclaimers. EXCEPT FOR OTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT, TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PERMITTED BY APPLICABLE LAW, MENUSIFU THE SOFTWARE AND ITS THIRDTHE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-PARTY PROVIDERS HEREBY DISCLAIM FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR WARRANTIES, ALL IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OR CONDITION OF YOUR ABILITYMERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, NON- INFRINGEMENT AND QUALITY, DUE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYATTACKING NETWORKS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU COMPANY DOES NOT WARRANT THAT THE SOFTWARE OR GUARANTEE ANY EQUIPMENT OR SYSTEM SUPPLIED BY THE COMPANY WITH THE SOFTWARE (IF ANY), WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ALL SECURITY ATTACKS WILL BE DISCOVEREDWARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD AND REMEDIES REFERRED TO IN SUBSECTION 4.1 ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, REPORTED OR REMEDIED, OR THAT THERE WILL SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU SITE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT RELATED HG PRODUCTS AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE AND THE RELATED PRODUCTS AND SERVICES MIGHT CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCLUSIVE HG DISCLAIMS ALL WARRANTIES OF ANY WARRANTY WHATSOEVERKIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE AND THE RELATED PRODUCTS AND SERVICES; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PARTY DISCLAIMS ALL LIABILITY HG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THAT THE SITE OR THE RELATED PRODUCTS AND INDEMNIFICATION OBLIGATIONS SERVICES WILL ASSIST LICENSOR IN ITS PRACTICE OR FOR ANY HARM OTHER PURPOSE. HG DOES NOT REPRESENT OR DAMAGES CAUSED BY WARRANT THAT THE SITE OR THE RELATED PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. LICENSOR EXPRESSLY AGREES THAT ITS USE OF THE SITE AND THE RELATED PRODUCTS AND SERVICES IS ENTIRELY AT LICENSOR’S OWN RISK. FURTHER, HG EXPRESSLY DISCLAIMS ANY THIRD-PARTY HOSTING PROVIDERSAND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS LICENSOR MAY MAKE WITH PATIENTS, CONSUMERS OR SITE USERS, AND LICENSOR WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.

Appears in 1 contract

Samples: insightmg.com

Disclaimers. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREININ THIS SECTION: (A) THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM WITHOUT WARRANTIES OF ANY KIND; AND (B) KNOWBE4 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO . KNOWBE4 DOES NOT WARRANT THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OPERATION OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES PRODUCTS WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THAT DEFECTS IN THE QUALITY PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, MARKETING, OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY KNOWBE4 OR KNOWBE4’S AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSEXPRESS WARRANTIES PROVIDED HEREIN. YOU ACKNOWLEDGE CUSTOMER ACKNOWLEDGES THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, COURSEWARE IS FOR GENERAL INFORMATION PURPOSES ONLY AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU KNOWBE4 IS NOT RESPONSIBLE A LAW FIRM, NOR DOES IT PROVIDE ANY PROFESSIONAL OR ADVISORY SERVICES. THE INFORMATION PRESENTED IS NOT LEGAL ADVICE AND IS NOT TO BE ACTED ON AS SUCH. THE PRODUCTS MAY CONTAIN THE TRADE NAMES OR TRADEMARKS OF VARIOUS THIRD PARTIES AND, IF SO, ANY SUCH USE IS FOR ILLUSTRATIVE AND EDUCATIONAL PURPOSES ONLY. ALL PRODUCT AND COMPANY NAMES ARE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OR DISPLAY OF THE MARKS DOES NOT IMPLY ANY DELAYSAFFILIATION WITH, DELIVERY FAILURESENDORSEMENT BY, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE ASSOCIATION OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY KIND BETWEEN SUCH THIRD PARTIES AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSKNOWBE4.

Appears in 1 contract

Samples: Master Agreement

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ALLIGATOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. ALLIGATOR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. ALLIGATOR DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES ALLIGATOR IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User Agreement

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY PROVIDED HEREIN, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU FREE TRIAL AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE BETA SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, ,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. FAIRWARNING DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE A MONITORING AND ADMINISTRATIVE TOOL DESIGNED TO ENABLE CUSTOMER IN THE MANAGEMENT OF CUSTOMER’S BUSINESS OPERATIONS. FAIRWARNING DOES NOT GUARANTEE THAT USE OF THE SERVICES WILL ENSURE THAT THE CUSTOMER SYSTEMS SHALL BE SECURE OR THAT ALL INTRUSIONS OR BREACHES WILL BE DETECTED. FAIRWARNING DOES NOT PROVIDE LEGAL OR SECURITY ADVICE. FAIRWARNING MAKES NO WARRANTIES REGARDING THE RESULTS OBTAINED THROUGH USE OF THE SERVICES, AND FAIRWARNING SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM ANY USE OF ANY INFORMATION PROVIDED OR RESULTS.

Appears in 1 contract

Samples: Master Purchase Agreement

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND KOINTRACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. KOINTRACK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. KOINTRACK DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES KOINTRACK IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User Agreement

Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK, AND THAT THE SERVICE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXCEPT FOR TO THE EXPRESS EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY PROVIDERS HEREBY CONTENT; AND (B) DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR EXPRESS WARRANTIES (I) OF YOUR ABILITYMERCHANTABILITY, CORRECTNESS, ACCURACY, RELIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITY, TO OR QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS SERVICE OFFERINGS OR THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR WARRANTIES REGARDING THE RELIABILITYFREE OF HARMFUL COMPONENTS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, OTHERWISE MEET YOUR REQUIREMENTS; (IV) THAT THE SERVICES OR ANY CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON OR THROUGH THE RESULTS YOU MAY OBTAIN BY USING SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. SOME JURISDICTIONS DO NOT ALLOW THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE FOREGOINGABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MENUSIFU AND ITS THIRD-PARTY PROVIDERS BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS, OR ANY DIGITAL ASSETS YOU INTERACT WITH WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM SKY XXXXX INDEMNITEES (AAS DEFINED BELOW) OR THROUGH THE OPERATION SERVICES, WILL CREATE ANY WARRANTY OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSREPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL ACCEPT THE TRANSFER INHERENT SECURITY RISKS OF DATA PROVIDING INFORMATION AND DEALING ONLINE OVER COMMUNICATIONS FACILITIESTHE INTERNET AND WILL NOT HOLD XXX XXXXX RESPONSIBLE FOR ANY BREACH OF SECURITY. XXX XXXXX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, INCLUDING THE INTERNETABNORMAL BEHAVIOR OR SOFTWARE (E.G. WALLET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSSMART CONTRACT), DELAYS, AND BLOCKCHAINS OR ANY OTHER PROBLEMS INHERENT IN THE USE FEATURES OF SUCH COMMUNICATIONS FACILITIESDIGITAL ASSETS. MENUSIFU XXX XXXXX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSSES OR OTHER DAMAGE INJURY DUE TO LATE REPORTS BY DEVELOPERS OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT REPRESENTATIVES (OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE NO REPORT AT ALL) OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS ISSUES WITH THE SUPPORTING BLOCKCHAINS FOR THE DIGITAL ASSETS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY HARM OTHER ISSUES HAVING LOSSES OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSINJURY AS A RESULT.

Appears in 1 contract

Samples: Mavis Store Terms of Use

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOU AGREE THAT YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BNETWORK SOLUTIONS' SERVICE(S) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET IS SOLELY AT YOUR REQUIREMENTSOWN RISK. YOU ACKNOWLEDGE AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF ALL SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND AS AVAILABLE BASIS, EXCLUSIVE EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NETWORK SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND REPRESENTATIONS OF ANY WARRANTY WHATSOEVERKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EACH PARTY DISCLAIMS ALL NETWORK SOLUTIONS DOES NOT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES NETWORK SOLUTIONS MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NETWORK SOLUTIONS' SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETWORK SOLUTIONS OR THROUGH NETWORK SOLUTIONS' SERVICES OR NETWORK SOLUTIONS RA's SHALL CREATE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION, UNLESS IT IS EXPRESSLY MADE HEREIN. TO THE EXTENT APPLICABLE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NETWORK SOLUTIONS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR WITH RESPECT TO ANY HARM PRODUCTS AND/OR DAMAGES CAUSED SERVICES PURCHASED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Party Agreement

Disclaimers. UNDER NO CIRCUMSTANCES SHALL LICENSOR , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE AS A RESULT OF ANY CLAIMS ARISING OUT OF THIS AGREEMENT OR USER'S USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, USE OF ANY ONLINE APPLICATIONS) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR LOSS OF OTHER ECONOMIC ADVANTAGE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ON WHICH THE CLAIM IS BROUGHT. THE PARTIES AGREE THAT THIS IS A REASONABLE ALLOCATION OF RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, MENUSIFU LICENSOR DOES NOT MAKE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, WARRANTIES, EXPRESS OR IMPLIED WARRANTIES IMPLIED, WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED CONDITIONS OR WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ABSENCE OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSVIRUSES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT LICENSOR MAKES NO REPRESENTATIONS, CONDITIONS OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WARRANTIES THAT: (i) THE USE OF THE SITE WILL BE DISCOVEREDUNINTERRUPTED, REPORTED TIMELY, ERROR FREE OR REMEDIEDSECURE; OR (ii) LICENSOR SHALL CONTINUE TO OPERATE THE SITE IN ITS CURRENT FORM OR AT ALL. USER ACKNOWLEDGES AND AGREES THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, UPDATES OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT USER'S SOLE RISK. USER FURTHER ACKNOWLEDGES AND AGREES THAT THERE USER WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS SOLELY RESPONSIBLE FOR ANY HARM DAMAGE TO USER'S BUSINESS, COMPUTER SYSTEM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, UPDATES AND/OR SOFTWARE.

Appears in 1 contract

Samples: Console User Agreement

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