Common use of Disclaimers Clause in Contracts

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.

Appears in 2 contracts

Samples: Software Subscription Agreement, Software Subscription Agreement

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Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 6.2 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SUPPORT, SOFTWARE, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY ALL OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND HWML’S SOLE OBLIGATIONCUSTOMER EXPRESSLY WAIVES, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, ALL WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, RELATED HERETO INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCYTITLE, COMPLETENESSSYSTEM INTEGRATION, ACCURACYAND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, MARIADB DOES NOT WARRANT RESULTS OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTSSUPPORT, ACHIEVE ANY INTENDED RESULTSUPPORTED SOFTWARE, BE COMPATIBLE OTHER SERVICES OR WORK WITH PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. . CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY SOFTWAREAND ALL CUSTOMER DATA, SYSTEM OR DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL SYSTEMS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECUSTOMER.

Appears in 2 contracts

Samples: Mariadb Enterprise Subscription Agreement, Mariadb Enterprise Subscription Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE WITH ALL FAULTS” AND EXCLUSIVE REMEDYWITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, ALL WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED (WHETHER ARISING UNDER COMMON LAWWARRANTIES OF TITLE, STATUTENON- INFRINGEMENT, COURSE OF DEALING OR TRADEACCURACY, OR OTHERWISE) (I) REGARDING ANY OF THEMCOMPLETENESS, INCLUDINGMERCHANTABILITY, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITYANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYCOURSE OF PERFORMANCE, OR UNINTERRUPTED USE; USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR (II) UP-TO-DATE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY OF THEM PROBLEMS WILL MEET BE CORRECTED, OR THAT THE SERVICE, OR ANY REQUIREMENTSINFORMATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICESMATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREEMAKE ANY REPRESENTATION REGARDING THE USE OF, OR FREE THE RESULTS OF HARMFUL CODETHE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN THIS AGREEMENTSECTION 8, NEITHER NEWGEN NOR ITS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SERVICESSOLUTIONS, HWML MATERIALSANY RELATED DOCUMENTATION, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADECS, OR OTHERWISE) OTHERWISE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES OR CONDITIONS (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE) AND ANY WARRANTIES THAT MIGHT ARISE THROUGH USAGE OF TRADE OR CUSTOM, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYCOURSE OF DEALING, OR UNINTERRUPTED USE; COURSE OF PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NEWGEN DOES NOT WARRANT THAT THE SOLUTIONS ARE WITHOUT DEFECT OR (II) THAT ANY OF THEM ERROR, WILL MEET ANY YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR WILL BE COMPATIBLE CONTINUOUSLY AVAILABLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEAPPROPRIATE FOR YOUR PARTICULAR USE.

Appears in 2 contracts

Samples: Newgen Master Cloud Subscription Agreement, Newgen Master Cloud Subscription Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES, HWML SOFTWARE AND OTHER LICENSED MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTSOFTWARE, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) SERVICES ARE PROVIDED BY TOMIA "AS IS" AND THAT EXCEPT AS AVAILABLE”; (C) THE REMEDIES LISTED MAY BE SPEICIFICALLY WARRANTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE THIS SECTION 9, TOMIA AND EXCLUSIVE REMEDY, ITS LICENSORS AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE SUPPLIERS HAVE MADE NO REPRESENTATIONS, WARRANTIESAND HAVE EXPRESSLY DISCLAIMED, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTEALL WARRANTIES OR REPRESENTATIONS OF EVERY KIND OR NATURE, COURSE OF DEALING OR TRADEEITHER EXPRESS, IMPLIED, OR OTHERWISE) (I) REGARDING STATUTORY, AS TO THE LICENSED MATERIALS AND ANY OF THEM, ANCILLARY OR RELATED PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITYTITLE, MERCHANTABILITY, QUALITY, USAGE OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. TOMIA DOES NOT WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OPEN SOURCE SOFTWARE USED IN OR WORK WITH ANY THE SOFTWARE, SYSTEM OR WILL OPERATE IN COMBINATION WITH OTHER SERVICESHARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKSSPECIFIED IN WRITING BY TOMIA IN THE DOCUMENTATION), ERROR (III) THE OPERATION OF THE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF HARMFUL CODE(IV) ALL ERRORS WILL BE CORRECTED.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN THIS AGREEMENTSECTION 8, NEITHER SPRINGCM NOR ITS LICENSORS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SERVICESSOLUTIONS, HWML MATERIALSANY RELATED DOCUMENTATION, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEPS, OR OTHERWISE) OTHERWISE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES OR CONDITIONS (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE) AND ANY WARRANTIES THAT MIGHT ARISE THROUGH USAGE OF TRADE OR CUSTOM, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYCOURSE OF DEALING, OR UNINTERRUPTED USE; COURSE OF PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. SPRINGCM DOES NOT WARRANT THAT THE SOLUTIONS ARE WITHOUT DEFECT OR (II) THAT ANY OF THEM ERROR, WILL MEET ANY YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR WILL BE COMPATIBLE CONTINUOUSLY AVAILABLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEAPPROPRIATE FOR YOUR PARTICULAR USE.

Appears in 2 contracts

Samples: Master Subscription and Services Agreement, Please Note

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 6.2 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY ALL OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND HWML’S SOLE OBLIGATIONCUSTOMER EXPRESSLY WAIVES, REGARDING ANY FAILURE OF OR ALL OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED (WHETHER ARISING UNDER COMMON LAWWARRANTIES OF MERCHANTABILITY, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-NON- INFRINGEMENT, CURRENCYTITLE, COMPLETENESSSYSTEM INTEGRATION, ACCURACYAND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, MARIADB DOES NOT WARRANT RESULTS OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL SYSTEMS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECUSTOMER.

Appears in 2 contracts

Samples: Mariadb Enterprise Subscription Agreement, Mariadb Enterprise Subscription Agreement

Disclaimers. EXCEPT BELLSOUTH DOES NOT AND SHALL NOT OFFER ANY WARRANTY OF ANY KIND FOR THE PRODUCT WHICH VENDOR PROVIDES TO AN END-USER OR OTHER PERSON OR ENTITY. ANY WARRANTY OBLIGATION SET FORTH IN AN END-USER'S AGREEMENT WITH VENDOR WITH REGARD TO THE PRODUCT SHALL BE UNDERTAKEN SOLELY BY VENDOR. VENDOR'S AGREEMENT WITH END-USERS SHALL PROVIDE THAT WARRANTIES, IF ANY, COME ONLY FROM THE VENDOR. BELLSOUTH MAKES NO REPRESENTATIONS OR WARRANTIES TO VENDOR OR VENDOR'S END- USERS WITH REGARD TO THE PERFORMANCE OF THE PRODUCT OR THEIR CONFORMANCE WITH APPLICABLE SPECIFICATIONS OR DOCUMENTATION. ALL WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS AS EXPRESSLY SPECIFIED TO A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. NEITHER BELLSOUTH OR VENDOR SHALL IN NO EVENT BE LIABLE TO VENDOR'S END-USER, OR TO ANY PERSON OR ENTITY USING THE PRODUCT, IN WHOLE OR IN PART, OR TO ANY PERSON OR ENTITY TO WHOM VENDOR FURNISHES THE PRODUCT, FOR LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF TIME, INCONVENIENCE, LOSS OF USE OR FOR ANY OTHER INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF THE PRODUCT, IN WHOLE OR IN PART, WHETHER IN AN ACTION FOR OR ARISING OUT OF ALLEGED BREACH OF WARRANTY, ALLEGED BREACH OF CONTRACT, DELAY, NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE. VENDOR'S AGREEMENT WITH RESPECT END-USERS SHALL PROVIDE THAT BELLSOUTH SHALL NOT BE SUBJECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY DAMAGE REFERENCED IN THIS PARAGRAPH. THIS CLAUSE SHALL SURVIVE FAILURE OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND AN EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE . IN NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEEVENT SHALL BELLSOUTH, OR OTHERWISE) (I) REGARDING ANY OF THEMVENDOR, THEIR PARENT CORPORATION, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR CONDITION INTERRUPTION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYBUSINESS, OR UNINTERRUPTED USE; OR (II) THAT ANY OTHER ECONOMIC LOSS AS A RESULT OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODETHIS AGREEMENT.

Appears in 1 contract

Samples: Marketing Agreement (Predictive Systems Inc)

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED A. THE PROPERTY IS SOLD IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, WHERE IS, AND HWML’S SOLE OBLIGATIONWITH ALL FAULTS” CONDITION, REGARDING WITH ALL EXISTING DEFECTS (PATENT AND LATENT), AND WITHOUT ANY FAILURE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AUTHENTICITY. THE SUCCESSFUL BIDDER SHALL BE DEEMED TO ACCEPT ALL FAULTS OF THE PROPERTY WHETHER KNOWN OR OTHER ISSUE WITH UNKNOWN, PRESENTLY EXISTING OR THAT MAY HEREAFTER ARISE. OWNER AND ATLANTIC, AND THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE SOFTWAREPROPERTY, SERVICES OR SUPPORT; THE OPERATION THEREOF, THAT IS FURNISHED BY THEM OR BY ANY REAL ESTATE BROKER. AGENT, EMPLOYEE OR ANOTHER PERSON. THE SUCCESSFUL BIDDER SHALL BE DEEMED TO HAVE ACKNOWLEDGED AND (D) THERE ARE NO AGREED THAT OWNER AND ATLANTIC AND THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS, HAVE NOT MADE, DO NOT MAKE AND SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, WARRANTIES, CONDITIONS PROMISES, COVENANTS, AGREEMENTS OR GUARANTEESGUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTEORAL OR WRITTEN, COURSE OF DEALING PAST, PRESENT OR TRADEFUTURE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED AS TO CONCERNING OR WITH RESPECT TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.:

Appears in 1 contract

Samples: Auction Purchase and Sale Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO REPUBLICAN SINGLES PROVIDES THE SERVICES, HWML PROPRIETARY MATERIALS, THIRD PARTY TOOLS THE SITES AND DATA, BROKER THIRD PARTY THE SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) ” BASIS. TO THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND HWML’S SOLE OBLIGATION, REGARDING WE EXPRESSLY DISCLAIM ANY FAILURE REPRESENTATIONS OR WARRANTIES OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESANY KIND, WHETHER WRITTEN OR ORALSTATUTORY EXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEIMPLIED, OR OTHERWISE) OTHERWISE WITH RESPECT TO THE SERVICES (I) REGARDING INCLUDING ALL PROPRIETARY MATERIALS AND ALL OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF THEMACCURACY, INCLUDINGMERCHANTABILITY, BUT NOT LIMITED TOTITLE, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, PURPOSE OR NON-INFRINGEMENT. REPUBLICAN SINGLES DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, CURRENCYCOMPLETE, ALWAYS AVAILABLE, ERROR-FREE, UNINTERRUPTED, OR WILL MEET ALL OF YOUR REQUIREMENTS, (B) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. REPUBLICAN SINGLES DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION OR WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY AND CONNECTIVITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES. REPUBLICAN SINGLES DOES NOT HAVE ANY OBLIGATION SCREEN OR TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, REPUBLICAN SINGLES DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. REPUBLICAN SINGLES DOES NOT: (i) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN REPUBLICAN SINGLES, OR (ii). GUARANTEE THE ACCURACY, COMPLETENESS, ACCURACYOR USEFULNESS OF ANY INFORMATION ON THE SERVICES. UNDER NO CIRCUMSTANCES WILL REPUBLICAN SINGLES BE RESPONSIBLE FOR ANY LOSS, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, DAMAGE OR UNINTERRUPTED USE; HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR BE SECURE (INCLUDING FROM HACKING TRANSMITTED TO OR OTHER UNAUTHORIZED INTRUSION, SUCH BY ANY USERS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS DENIAL A RESULT THE CONTENTS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODETHIS SECTION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers. YOUR ACCESS TO AND USE OF THE NFT AND ARTWORK, AND ANY ASSOCIATED CONTENT, INCLUDING THE CREATION AND EXPLOITATION OF PRINTS, IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENTSET FORTH HEREIN, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HWML MATERIALS, THIRD PARTY TOOLS ARTIST AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTARSNL, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY EACH OF THEM: ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (ATHE “ARSNL ENTITIES”) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE DISCLAIM ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” WARRANTIES AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESCONDITIONS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, TITLE AND NON-INFRINGEMENTINFRINGEMENT IN THE NFTS, CURRENCYARTWORK, PRINTS AND ASSOCIATED CONTENT. THE ARSNL ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR UNINTERRUPTED USERELIABILITY OF THE NFTS, ARTWORK, PRINTS AND ASSOCIATED CONTENT; (B) THE OPERATION OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK COMPATIBILITY WITH ANY SOFTWAREOTHER APPLICATION OR ANY PARTICULAR SYSTEM, SYSTEM DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.MARKETPLACE; AND

Appears in 1 contract

Samples: ’s Rights Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 6.2 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SUPPORT, SOFTWARE, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY ALL OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND HWML’S SOLE OBLIGATIONCUSTOMER EXPRESSLY WAIVES, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, ALL WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, RELATED HERETO INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITYNON­INFRINGEMENT, MERCHANTABILITYTITLE, QUALITYSYSTEM INTEGRATION, NON-INFRINGEMENTAND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, MARIADB DOES NOT WARRANT RESULTS OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTSSUPPORT, ACHIEVE ANY INTENDED RESULTSUPPORTED SOFTWARE, BE COMPATIBLE OTHER SERVICES OR WORK WITH PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. . CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP­TO­DATE AND RESTORABLE BACKUP OF ANY SOFTWAREAND ALL CUSTOMER DATA, SYSTEM OR DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL SYSTEMS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECUSTOMER.

Appears in 1 contract

Samples: Mariadb Enterprise Subscription Agreement

Disclaimers. YOUR ACCESS TO AND USE OF THE NFT AND ARTWORK, AND ANY ASSOCIATED CONTENT, INCLUDING THE CREATION AND EXPLOITATION OF MODELS OR DERIVATIVES, IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENTSET FORTH HEREIN, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HWML MATERIALS, THIRD PARTY TOOLS THE ARTIST AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTARSNL, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY EACH OF THEM: ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (ATHE “ARSNL ENTITIES”) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE DISCLAIM ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” WARRANTIES AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESCONDITIONS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, TITLE AND NON-INFRINGEMENTINFRINGEMENT IN THE NFTS, CURRENCYARTWORK, MODELS AND ASSOCIATED CONTENT. THE ARSNL ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR UNINTERRUPTED USERELIABILITY OF THE NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (IIC) THAT ANY OF THEM WHETHER THE NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT WILL MEET ANY REQUIREMENTSYOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE SECURE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICESERROR-FREE BASIS; AND (D) THE DELETION OF, OR BE SECURE (INCLUDING FROM HACKING THE FAILURE TO STORE OR OTHER UNAUTHORIZED INTRUSIONTRANSMIT THE NFTS, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEARTWORK AND ASSOCIATED CONTENT.

Appears in 1 contract

Samples: ’s Rights Agreement

Disclaimers. EXCEPT OTHER THAN (a) AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 5.1 AND (b) IN THE SHARE PURCHASE AGREEMENT (WHICH SHALL BE ADDRESSED SOLELY THROUGH AND SUBJECT TO THE TERMS OF THE SHARE PURCHASE AGREEMENT), NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNDER THIS AGREEMENT, INCLUDING WITH RESPECT TO THE SERVICESINTELLECTUAL PROPERTY LICENSED HEREUNDER, HWML MATERIALSQUALITY, THIRD PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, NOR DOES ANY PARTY TOOLS REPRESENT THAT SUCH PARTY WILL DEFEND OR INDEMNIFY THE OTHER PARTY IN ANY THIRD-PARTY CLAIMS FOR THE OTHER PARTY’S USE OF THE INTELLECTUAL PROPERTY LICENSED HEREUNDER, INCLUDING ANY CLAIMS FOR COPYRIGHT, TRADEMARK OR PATENT INFRINGEMENT, TRADE SECRET MISAPPROPRIATION OR ANY OTHER VIOLATION. EXCEPT AS EXPRESSLY SET FORTH (Y) IN THIS AGREEMENT AND DATA(Z) IN THE SHARE PURCHASE AGREEMENT (WHICH SHALL BE ADDRESSED SOLELY THROUGH AND SUBJECT TO THE TERMS OF THE SHARE PURCHASE AGREEMENT), BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED STELLA LICENSES THE SELLER NON-TRADEMARK IP ON AN “AS IS” AND “AS AVAILABLE”; (C) WHERE IS” BASIS AND XXXXX LICENSES THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, COMPANY NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH TRADEMARK IP ON AN “AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEIS” AND “WHERE IS” BASIS.

Appears in 1 contract

Samples: Share Purchase Agreement (Sara Lee Corp)

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, HWML MATERIALSINCLUDING REPUBLICAN SINGLES GOLD COINS AND VIRTUAL GOODS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE REPUBLICAN SINGLES, ON BEHALF OF ITSELF AND EXCLUSIVE REMEDYITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; ALL REPRESENTATIONS AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, CURRENCYSERVICES OR ANY PART THEREOF, COMPLETENESSARE ACCURATE, ACCURACYCOMPLETE, ACCESSIBILITYRELIABLE, RELIABILITY, SECURITY, AVAILABILITY, CURRENT OR UNINTERRUPTED USE; ERROR-FREE OR (II) THAT ANY PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM VIRUSES OR OTHER SERVICESHARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSIONMATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. Reference to any products, SUCH AS DENIAL OF SERVICE ATTACKS)services, ERROR FREEprocesses or other information, OR FREE OF HARMFUL CODEby trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO (a) THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) SERVICE OFFERINGS ARE PROVIDED “AS IS,” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYNEITHER CURRENT NOR ITS AFFILIATES, AND HWML’S SOLE OBLIGATION, REGARDING SUPPLIERS OR LICENSORS MAKE ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESREPRESENTATIONS TO PARTNER OR ANY OTHER PARTY WITH RESPECT TO THE SERVICE OFFERINGS, WHETHER WRITTEN ORAL OR ORALWRITTEN, EXPRESS EXPRESS, IMPLIED OR IMPLIED (WHETHER ARISING UNDER COMMON LAWSTATUTORY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STATUTE, COURSE OF DEALING CURRENT MAKES NO REPRESENTATION OR TRADE, OR OTHERWISE) WARRANTY THAT (I) REGARDING THE SERVICE OFFERINGS WILL BE FREE FROM ERROR OR INTERRUPTION CAUSED BY CYBER-ATTACKS, OR THAT CURRENT WILL BE ABLE TO DETECT OR BLOCK ALL CYBER-ATTACKS, MALICIOUS OR OTHERWISE, FROM INTERFERING WITH PARTNER’S USE OF THE SERVICE OFFERINGS, (II) THE SERVICE OFFERINGS WILL SATISFY PARTNER’S REQUIREMENTS OR (III) THE SERVICE OFFERINGS WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE OR BE COMPATIBLE WITH ANY OF THEM, INCLUDING, BUT HARDWARE OR SOFTWARE NOT LIMITED TO, EXPLICITLY SPECIFIED IN THE DOCUMENTATION. ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEINTEGRATION IS EXPRESSLY EXCLUDED AND DISCLAIMED.

Appears in 1 contract

Samples: LLC Alliance Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD EACH PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE HEREBY DISCLAIMS ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESEXPRESS, WHETHER WRITTEN OR ORALIMPLIED, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, STATUTORY OR OTHERWISE) (I) REGARDING , INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF THEMTITLE, INCLUDINGMERCHANTABILITY, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSSATISFACTORY QUALITY, ACCURACY, ACCESSIBILITYAND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, RELIABILITYDEALING, SECURITYUSAGE OR TRADE. OPENCOUNTER DOES NOT WARRANT THAT THE HOSTED SERVICES WILL MEET CITY’S REQUIREMENTS, AVAILABILITYWILL BE ERROR-FREE OR SECURE, OR UNINTERRUPTED USE; OR (II) THAT THE HOSTED SERVICES WILL BE UNINTERRUPTED. OPENCOUNTER DOES NOT WARRANT THAT ANY OF THEM APPLICATION DATA INPUT INTO THE HOSTED SERVICES WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, ACCURATE OR FREE OF HARMFUL CODEERRORS, THE OPERATION OF THE HOSTED SERVICES WILL BE COMPLETELY SECURE, ERROR FREE OR UNINTERRUPTED, OR ALL ERRORS WILL BE CORRECTED. CITY ASSUMES ALL RISK OF DELAYS OR INTERRUPTIONS IN ACCESS TO OR USE OF THE HOSTED SERVICE RESULTING FROM USE OF THE INTERNET AND/OR TELECOMMUNICATIONS TO ACCESS THE HOSTED SERVICE, AND OPENCOUNTER SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR INTERRUPTION.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT30.1. THE REFERRAL PARTNER UNDERSTANDS AND AGREES THAT THE REFERRAL PARTNER PROGRAM, WITH RESPECT TO THE SERVICESITS COMPONENTS, HWML MATERIALSINTERFACES, THIRD PARTY TOOLS ANY RELATED EQUIPMENT, ANY DOCUMENTATION AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) OTHER MATERIALS ARE PROVIDED “AS IS” AND “”. EXCEPT AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYOTHERWISE EXPRESSLY SET FORTH HEREIN, BLACKBULL, GROUP COMPANIES, ITS REFERRAL PARTNERS, AND HWML’S SOLE OBLIGATIONANY THIRD-PARTY PROVIDERS SPECIFICALLY DISCLAIM, REGARDING WITHOUT LIMITATION, ALL WARRANTIES OF ANY FAILURE KIND RELATED TO THE PLATFORM OR ITS OPERATION OR ANY OTHER ASPECT OF OR ITS PERFORMANCE TO THE REFERRAL PARTNER, REFERRAL PARTNER CLIENTS AND OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESTHIRD PARTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYOR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, MERCHANTABILITYA COURSE OF DEALING OR TRADE USAGE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, QUALITYBLACKBULL, NON-INFRINGEMENTANY GROUP COMPANY AND ITS REFERRAL PARTNERS, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH CLAIMS RELATING TO ANY SOFTWARE, SYSTEM ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM ANY INFORMATION, MATERIALS, OR THAT IT SHALL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS. NEITHER BLACKBULL, ANY GROUP COMPANY NOR BLACKBULL’S REFERRAL PARTNERS RECOMMENDS, ENDORSES, ADVOCATES OR SPONSORS ANY OF THE CURRENCIES, CURRENCY PAIRS OR FOREIGN CURRENCY TRANSACTIONS APPEARING ON OR MADE THROUGH THE PLATFORM. THE REFERRAL PARTNER ACKNOWLEDGES THE SUBSTAINTIAL RISKS ASSOCIATED WITH FOREIGN EXCHANGE MARKETS AND FOREIGN EXCHANGE TRADING TRANSACTIONS. NEITHER BLACKBULL NOR ANY GROUP COMPANY IS AUTHORISED TO PROVIDE FINANCIAL ADVICE AND DOES NOT GIVE FINANCIAL, TAX, EMPLOYMENT, LEGAL, INVESTMENT OR ANY OTHER FORM OF ADVICE. ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OF SELL ANY CURRENCY, CURRENCY PAIRS OR OTHER SERVICESPROPERTY, OR NOR TO ENTER INTO ANY FOREIGN CURRENCY EXCHANGE TRANSACTION. THE REFERRAL PARTNER XXXXXX ACKNOWLEDGES THAT ANY RELIANCE UPON ANY CONTENT OF THE PLATFORM SHALL BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEAT ITS SOLE AND EXCLUSIVE RISK.

Appears in 1 contract

Samples: Referral Partners Terms and Conditions

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE SDK IS PROVIDED “AS AS-IS” AND “AS AVAILABLE”; WITHOUT ANY WARRANTY WHATSOEVER FROM SOTI AND LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT: (CI) USE OF THE REMEDIES LISTED IN SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE LEVEL COMMITMENT ARE BROKERUSE OF THE SDK IS AT LICENSEE’S SOLE OWN DISCRETION AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORTRISK; AND (DII) THERE ARE NO REPRESENTATIONSLICENSEE IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES, CONDITIONS OR GUARANTEESSOTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORALEXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADESTATUTORY, OR OTHERWISE) (I) REGARDING ANY , INCLUDING THE IMPLIED WARRANTIES OF THEMNON-INFRINGEMENT, INCLUDINGMERCHANTABILITY, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY. SOTI DOES NOT WARRANT THAT THE SDK WILL MEET LICENSEE’S REQUIREMENTS, OR UNINTERRUPTED USE; OR (II) THAT ANY THE OPERATION OF THEM THE SDK WILL MEET ANY REQUIREMENTSBE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTENTIRELY ERROR FREE, CONTINUE TO BE MADE AVAILABLE, COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, SYSTEM APPLICATIONS, OR THIRD- PARTY SERVICES OR ANY OTHER SOTI PRODUCTS OR SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH APPEAR PRECISELY AS DENIAL OF SERVICE ATTACKS), ERROR FREEDESCRIBED IN THE SDK DOCUMENTATION, OR FREE OF HARMFUL CODETHAT DEFECTS IN THE SDK WILL BE CORRECTED.

Appears in 1 contract

Samples: SDK License Agreement

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED PROVIDED IN THIS THE AGREEMENT, WITH RESPECT VENDOR AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, HWML MATERIALSTHE VENDOR CONTENT, THIRD PARTY TOOLS OR THE VENDOR TECHNOLOGY AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED PROVIDE THEM STRICTLY “AS IS,” “WHERE IS,” AND “AS AVAILABLE”WITH ALL FAULTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER VENDOR NOR ITS LICENSORS REPRESENT OR WARRANT THAT: (I) USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (CII) THE REMEDIES LISTED SERVICES WILL MEET SUBSCRIBER’S OR ITS USERS’ REQUIREMENTS, NEEDS, OR EXPECTATIONS; (III) ANY STORED SUBSCRIBER DATA WILL BE ACCURATE OR RELIABLE; (IV) ALL ERRORS AND DEFECTS WILL BE CORRECTED; (V) THE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OF (VI) ANY FEEDBACK WILL BE IMPLEMENTED. ALSO, VENDOR’S SERVICES ARE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE SERVICE LEVEL COMMITMENT USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER VENDOR NOR ITS LICENSORS ARE BROKER’S SOLE AND EXCLUSIVE REMEDYRESPONSIBLE FOR ANY DELAYS, AND HWML’S SOLE OBLIGATIONDELIVERY FAILURES, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWAREDAMAGE RESULTING FROM SUCH PROBLEMS. FURTHERMORE, SERVICES OR SUPPORT; ALL CONDITIONS, REPRESENTATIONS AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESWHETHER EXPRESS, WHETHER WRITTEN OR ORALIMPLIED, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESTATUTORY, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: California Community Colleges Administrative Services Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN THIS AGREEMENTSECTION 7, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE PROVIDERS SPECIFICALLY DISCLAIM ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON IMPLIED, ARIS- ING BY STATUTE, OPERATION OF LAW, STATUTEUSAGE OF TRADE, COURSE OF DEALING OR TRADEDEALING, OR OTHERWISE) (I) REGARDING ANY OF THEMOTH- ERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; TITLE WITH RESPECT TO THE GA- TEWAY OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS GATE- WAY. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT THE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE GATEWAY WILL BE SECURE (INCLUDING FROM HACKING AVAILABLE, ACCESSIBLE, UNIN- TERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. ALTHOUGH THE GATEWAY, AS PART OF ITS FUNCTIONALITY AND SERVICES, MAY CON- TAIN LINKS TO THIRD-PARTY WEB SITES, SUCH LINKED SITES ARE NOT UNDER THE CON- TROL OF PROVIDERS, AND PROVIDERS DISCLAIM ANY RESPONSIBILITY FOR THE CON- TENTS OR POLICIES OF ANY LINKED SITE. AS THE PROVIDERS PROVIDE THESE LINKS AS A CONVENIENCE ONLY, PROVIDERS DO NOT ENDORSE, SPONSOR, OR AFFILIATE WITH THE LINKED SITES. LINKS TO MERCHANTS OR ADVERTISERS ARE OWNED AND OPERATED BY INDEPENDENT RETAILERS OR SERVICE PROVIDERS; AND, THEREFORE, THE PROVIDERS CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH THEIR PRODUCTS, SERVICES OR PRACTICES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES. THE PROVIDERS SHALL HAVE NO RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, TO IN- ITIATE OR CAUSE THE INITIATION OF ANY INVESTIGATION OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL FORENSIC RE- SEARCH REGARDING THE USE OR MISUSE OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEYOUR GATEWAY ACCOUNT.

Appears in 1 contract

Samples: Gateway Terms of Usage Agreement

Disclaimers. EXCEPT AS SSG, ITS LICENSORS AND SUPPLIERS EXPRESSLY SPECIFIED IN THIS AGREEMENTDISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. SSG MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES AND ANY RELATED INSTALLATION, CONFIGURATION, MAINTENANCE OR OTHER SUPPORT SERVICES, HWML MATERIALSEXPRESS OR IMPLIED, THIRD PARTY TOOLS AND DATAAT LAW OR OTHERWISE, BROKER THIRD PARTY SERVICES AND DATAINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORK PRODUCTFITNESS FOR A PARTICULAR PURPOSE, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY USING ANY OF THEMAPPLICABLE LAW. WITHOUT LIMITING THE FOREGOING SSG MAKES NO PROMISE: (A) BROKER’S AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR AUTHORIZED USER’SCOMPLETENESS OF THE SERVICES OR ANY CONTENT, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) OF WHICH ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) AS TO ANY THIRD-PARTY PROVIDER OR ANY OF ITS PRODUCTS OR SERVICES, WHETHER OR NOT SSG MAY HAVE DESIGNATED IT OR ITS SERVICES AS “CERTIFIED,” “VALIDATED,” OR OTHERWISE; (C) THAT THE REMEDIES LISTED IN USE OF THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYSERVICES WILL BE SECURE, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEUNINTERRUPTED, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY ERROR-FREE OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR OTHER SERVICESDATA; (D) THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS; (E) THAT ANY CLIENT DATA WILL BE ACCURATELY OR RELIABLY STORED, (F) THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (G) THAT THE SERVICE WILL BE SECURE (INCLUDING FROM HACKING FREE OF ANY VIRUS OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENT, ALTHOUGH SSG WILL NOT KNOWINGLY INSERT ANY SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. THE SERVICES, THE SEARCH RESULTS AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’ BASIS AT YOUR SOLE RISK AND WITHOUT ANY REPRESENTA- TIONS, WARRANTIES OR CONDITIONS OF ANY KIND EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN THIS AGREEMENTSECTION 6.2. GIANT OAK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT RESEPCT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATATHE SEARCH RESULTS, WORK PRODUCTINCLUDING WITHOUT LIMITATION (1) MERCHANTABILITY, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’SMERCHANTABLE QUALITY, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITYTITLE, NON-INFRINGEMENT, CURRENCYWORKMANLIKE EFFORT, COMPLETENESSQUIET EN- JOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, RELIABILITY, PERFORMANCE, ACCURACY, ACCESSIBILITYTIMELINESS, RELIABILITYAVAILABILITY OR COMPLETENESS OF THE SERVICES AND THE SEARCH RESULTS, SECURITY(3) THOSE ARISING THROUGH COURSE OF DEALING, AVAILABILITYCOURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SERVICES OR UNINTERRUPTED USE; THE SEARCH RESULTS CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY GIANT OAK, AND (II5) THAT ANY ACCESS TO OR USE OF THEM THE SERVICES AND THE SEARCH RESULTS WILL MEET ANY REQUIREMENTSBE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE ERROR-FREE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECOMPLETELY SECURE.

Appears in 1 contract

Samples: cdn2.hubspot.net

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT8.1 "As Is, WITH RESPECT TO THE SERVICESWhere Is". LESSEE UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT NONE OF XXXXXX, HWML MATERIALSOWNER PARTICIPANT, THIRD PARTY TOOLS AND DATALEASE SERVICER, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING NOR LENDER (IF APPLICABLE) NOR ANY OF THEM: (A) BROKER’S THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AUTHORIZED USER’SAGENTS HAVE MADE OR WILL BE DEEMED TO HAVE MADE ANY TERM, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYCONDITION, AND HWML’S SOLE OBLIGATIONREPRESENTATION, REGARDING ANY FAILURE OF WARRANTY OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORALCOVENANT, EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE), AS TO (I) THE CAPACITY, AGE, AIRWORTHINESS, VALUE, QUALITY, DURABILITY, CONFORMITY TO THE DELIVERY CONDITION, DESCRIPTION, CONDITION (WHETHER OF THE AIRCRAFT, ANY ENGINE, ANY PART THEREOF OR THE MANUALS AND TECHNICAL RECORDS), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, DESCRIPTION, STATE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRCRAFT OR USE THE MANUALS AND TECHNICAL RECORDS IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT OR ANY PART THEREOF, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (II) THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, (III) ANY IMPLIED WARRANTY ARISING UNDER COMMON LAW, STATUTEFROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADEUSAGE OF TRADE OR (IV) ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR OTHERWISE) (I) IMPLIED, WITH RESPECT TO THE AIRCRAFT OR ANY PART THEREOF, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED. THE FOREGOING PROVISION DOES NOT APPLY TO OR AFFECT XXXXXX'S REPRESENTATION REGARDING ANY OF THEMTITLE SET FORTH IN SECTION 19.5. XXXXXX AGREES THAT IT IS LEASING THE AIRCRAFT "AS IS, WHERE IS" AND WITH ALL FAULTS, IF ANY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSELATENT DEFECTS, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT AND XXXXXX AGREES NOT TO ARGUE TO THE CONTRARY IN ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECIRCUMSTANCES WHATSOEVER.

Appears in 1 contract

Samples: Aircraft Lease Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN NEITHER WKH NOR ANY OTHER THIRD PARTY PARTNERS OF WKH MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. WKH IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, WITH RESPECT TO DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS SERVICE AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK ANY OTHER PRODUCT, AND ANY DATA SERVICE, MATERIAL, OR RESULTS OBTAINED INFORMATION OFFERED BY WKH UNDER OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF IN CONNECTION WITH THIS AGREEMENT ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED OFFERED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN WITH ALL FAULTS.” WKH MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYANY OTHER PRODUCT, AND HWML’S SOLE OBLIGATIONSERVICE, REGARDING ANY FAILURE OF OR OTHER ISSUE INFORMATION OFFERED BY WKH UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE SOFTWAREPRESENT OR FUTURE METHODOLOGY, SERVICES PROCESS, OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONSMETHOD EMPLOYED BY WKH FOR PROVIDING THE SERVICE, WARRANTIESEXPRESS OR IMPLIED, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTEFROM COURSE OF DEALING, COURSE OF DEALING OR PERFORMANCE, USAGE OF TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITYACCURACY, MERCHANTABILITYNON-INTERFERENCE, QUALITY, NON-INFRINGEMENTTITLE, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYNONINFRINGE- MENT, OR THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTSERROR-FREE, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM FREE FROM VIRUSES OR OTHER SERVICESHARMFUL COMPONENTS, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEMEET REQUEST- ER’S REQUIREMENTS.

Appears in 1 contract

Samples: End User License Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE CLOUDLAKE SERVICE IS PROVIDED “AS IS.EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT OF ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND “AS AVAILABLE”; OUR AFFILIATES AND LICENSORS (CA) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE REMEDIES LISTED IN CLOUDLAKE SERVICE OR THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYTHIRD- PARTY CONTENT, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (DB) THERE ARE NO REPRESENTATIONS, DISCLAIM ALL WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADE, STATUTORY OR OTHERWISE) , INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTIES (I) REGARDING ANY OF THEMMERCHANTABILITY, INCLUDINGSATISFACTORY QUALITY, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-NON- INFRINGEMENT, CURRENCYOR QUIET ENJOYMENT, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE CLOUDLAKE SERVICE OR ANY THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY OF THEM YOUR CONTENT WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, NOT OTHERWISE LOST OR FREE OF HARMFUL CODEALTERED.

Appears in 1 contract

Samples: assets.applytosupply.digitalmarketplace.service.gov.uk

Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE GAME AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE GAME AND THE SMART CONTRACTS ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE GAME AND THE SMART CONTRACTS AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE GAME AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF SERVICE ATTACKS)VIRUSES, ERROR FREEPHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, ETHEREUM NETWORK, OR FREE THE METAMASK ELECTRONIC WALLET. ETHER KINGDOMS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF HARMFUL CODETHE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. E. ETHER KINGDOMS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO POP PROVIDES THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED SERVICE ON AN “AS IS” AND “AS AVAILABLE”; (C) ” BASIS AND TO THE REMEDIES LISTED IN EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMINCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, PURPOSE OR NON-INFRINGEMENT. POP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, CURRENCYSECURE OR ERROR FREE, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY(B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR UNINTERRUPTED USE; OR (IIC) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. XXX TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEM WILL MEET THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. POP DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY REQUIREMENTSCONDUCT OF YOU OR ANY OTHER USER, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE ON OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEOFF THE SERVICE.

Appears in 1 contract

Samples: www.popsocial.app

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENTA. NO WARRANTIES THE SITE, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS CONTENT AND DATA, BROKER THIRD PARTY THE PRODUCTS AND SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) ” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYMAXIMUM EXTENT PERMISSIBLE UNDER LAW, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO DESCHOOL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORALWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, INCLUDING BUT NOT LIMITED TOTO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYTITLE, MERCHANTABILITYNON‑INFRINGEMENT OF PROPRIETARY RIGHTS, QUALITYAND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. DESCHOOL DOES NOT WARRANT THAT THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE, NON-INFRINGEMENTTHAT DEFECTS WILL BE CORRECTED, CURRENCY, COMPLETENESS, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DESCHOOL DOES NOT WARRANT THE ACCURACY, ACCESSIBILITYCOMPLETENESS OR CORRECTNESS, RELIABILITY, SECURITY, AVAILABILITYTIMELINESS, OR UNINTERRUPTED USE; OR (II) THAT USEFULNESS OF ANY OF THEM WILL MEET ANY REQUIREMENTSOPINIONS, ACHIEVE ANY INTENDED RESULTADVICE, BE COMPATIBLE OR WORK WITH ANY SOFTWARESERVICES, SYSTEM MERCHANDISE OR OTHER SERVICES, INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL DESCHOOL BE SECURE (INCLUDING FROM HACKING LIABLE TO YOU OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, ANYONE ELSE FOR ANY DECISION MADE OR FREE OF HARMFUL CODEACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT AS YOU EXPRESSLY SPECIFIED IN THIS AGREEMENTUNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS APP AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTTHE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’STHAT THE SITE, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) THE APP AND THE SMART CONTRACTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) ” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND HWML’S SOLE OBLIGATIONLICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, REGARDING THE APP AND THE SMART CONTRACTS AND ANY FAILURE PART OF OR OTHER ISSUE WITH IT (INCLUDING, WITHOUT LIMITATION, THE SOFTWARESITE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEANY SMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF SERVICE ATTACKS)VIRUSES, ERROR FREEPHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR FREE THE METAMASK ELECTRONIC WALLET. AXIES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF HARMFUL CODETHE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. AXIE INFINITY LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. AXIE INFINITY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use (Realm Metaverse Real Estate Inc.)

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY THE SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS,” AND “AS AVAILABLE”; KARROT MAKES NO (CAND HEREBY DISCLAIMS ALL) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYOTHER WARRANTIES, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESCONDITIONS, WHETHER WRITTEN OR WRITTEN, ORAL, EXPRESS EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTEWARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING DEALING, TRADE USAGE OR TRADEPRACTICE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR OTHERWISE) (I) REGARDING FITNESS FOR A PARTICULAR PURPOSE. XXXXXX DOES NOT WARRANT THAT ANY ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THEMTHE KARROT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. KARROT EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLIENT CONTENT, INCLUDING CLIENT CONTENT UPLOADED TO THE KARROT PLATFORM FOR USE IN CONNECTION WITH THE PROGRAM PARTICIPANT PORTAL. XXXXXX FURTHER DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR REWARD FULFILLMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION DISTRIBUTION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEREWARDS.

Appears in 1 contract

Samples: Karrot Client Services Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENTTHE SERVICE, WITH RESPECT TO THE SERVICES, HWML INTEGRATION MATERIALS, THIRD PARTY TOOLS AND ALL METADATA, MATERIALS, DATA, BROKER THIRD PARTY SERVICES AND DATAUSER CONTENT, WORK PRODUCTINFORMATION, AND ANY DATA RESULTS OF MODELS OR RESULTS OBTAINED OTHER CALCULATIONS RUN ON THE SERVICE, OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OTHER CONTENT ACCESSIBLE THROUGH THE SERVICE OR AUTHORIZED USER’SINTEGRATION MATERIALS, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE IS PROVIDED ON AN AS AS-IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS, AND HWML’S SOLE OBLIGATION, REGARDING COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY FAILURE AND ALL WARRANTIES AND CONDITIONS OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESANY KIND, WHETHER WRITTEN OR ORALEXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEIMPLIED, OR OTHERWISE) (I) REGARDING ANY STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITYTITLE, MERCHANTABILITYQUIET ENJOYMENT, QUALITYACCURACY, OR NON-INFRINGEMENT. THE COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, CURRENCYWILL BE AVAILABLE ON AN UNINTERRUPTED, COMPLETENESSTIMELY, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYSECURE, OR UNINTERRUPTED USE; ERROR-FREE BASIS, OR (II) THAT ANY THE SERVICE OR THE RESULTS OF THEM THE SERVICE WILL MEET ANY REQUIREMENTSBE ACCURATE, ACHIEVE ANY INTENDED RESULTRELIABLE, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM FREE OF VIRUSES OR OTHER SERVICESHARMFUL CODE, COMPLETE, LEGAL, OR BE SECURE SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (INCLUDING 90) DAYS FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL THE DATE OF SERVICE ATTACKS), ERROR FREE, OR FREE YOUR FIRST USE OF HARMFUL CODETHE SERVICE.

Appears in 1 contract

Samples: enterprise.system.com

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 6.2 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SUPPORT, SOFTWARE, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY ALL OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND HWML’S SOLE OBLIGATIONCUSTOMER EXPRESSLY WAIVES, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, ALL WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, RELATED HERETO INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCYTITLE, COMPLETENESSSYSTEM INTEGRATION, ACCURACYAND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, MARIADB DOES NOT WARRANT RESULTS OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTSSUPPORT, ACHIEVE ANY INTENDED RESULTSUPPORTEDSOFTWARE, BE COMPATIBLE OTHER SERVICES OR WORK WITH PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. . CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY SOFTWAREAND ALL CUSTOMER DATA, SYSTEM OR DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL SYSTEMS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECUSTOMER.

Appears in 1 contract

Samples: Mariadb Enterprise Subscription Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENTARTICLE IV, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, PROJECT FACILITIES AND ANY DATA OR RESULTS OBTAINED OR OUTPUT OTHER ASSETS OF CPI, CEM, THE INVESTOR SUBSIDIARIES, THE SERVICE SUBSIDIARIES AND THE PROJECT COMPANIES ARE BEING ACQUIRED BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED BUYER “AS IS” AND “AS AVAILABLEWHERE IS; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; EXCEPT FOR SUCH REPRESENTATIONS AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR GUARANTEESWARRANTIES OF ANY KIND OR NATURE, WHETHER WRITTEN OR ORALEXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER IMPLIED, AT COMMON LAW, STATUTESTATUTORY OR OTHERWISE, COURSE AS TO LIABILITIES, OPERATIONS OF DEALING THE PROJECT FACILITIES AND ANY OTHER ASSETS OF CPI, CEM, THE INVESTOR SUBSIDIARIES, THE SERVICE SUBSIDIARIES AND THE PROJECT COMPANIES (COLLECTIVELY, THE “ACQUIRED ASSETS”), THE TITLE, CONDITION, VALUE OR TRADEQUALITY OF THE ACQUIRED ASSETS OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE ACQUIRED ASSETS, AND SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE ACQUIRED ASSETS, OR OTHERWISE) (I) REGARDING ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF THEMANY DEFECTS THEREIN, INCLUDINGWHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY GOVERNMENTAL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYENVIRONMENTAL LAWS, OR UNINTERRUPTED USE; WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR (II) THAT PERSONAL PROPERTY TO OPERATE THE PURCHASED ASSETS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE IV, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE HAZARDOUS SUBSTANCES OR WORK LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODERESPECT TO THE FOREGOING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mdu Resources Group Inc)

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN THIS AGREEMENTSECTION 7, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE PROVIDERS SPECIFICALLY DIS- CLAIM ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER IMPLIED, ARISING UNDER COMMON BY STATUTE, OPERATION OF LAW, STATUTEUSAGE OF TRADE, COURSE OF DEALING OR TRADEDEALING, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; TITLE WITH RESPECT TO SERVICE BRIDGE OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS PRODUCT. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT THE PROVIDERS DO NOT REPRESENT OR WARRANT THAT SERVICE BRIDGE WILL BE SECURE (INCLUDING FROM HACKING AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. ALTHOUGH SERVICE BRIDGE, AS PART OF ITS FUNCTIONALITY AND SERVICES, MAY CON- TAIN LINKS TO THIRD-PARTY WEB SITES, SUCH LINKED SITES ARE NOT UNDER THE CON- TROL OF PROVIDERS, AND PROVIDERS DISCLAIM ANY RESPONSIBILITY FOR THE CONTENTS OR POLICIES OF ANY LINKED SITE. AS THE PROVIDERS PROVIDE THESE LINKS AS A CON- VENIENCE ONLY, PROVIDERS DO NOT ENDORSE, SPONSOR, OR AFFILIATE WITH THE LINKED SITES. LINKS TO MERCHANTS OR ADVERTISERS ARE OWNED AND OPERATED BY INDE- PENDENT RETAILERS OR SERVICE PROVIDERS; AND, THEREFORE, THE PROVIDERS CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH THEIR PRODUCTS, SERVICES OR PRACTICES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES. THE PROVIDERS SHALL HAVE NO RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, TO INI- TIATE OR CAUSE THE INITIATION OF ANY INVESTIGATION OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL FORENSIC RESEARCH REGARDING THE USE OR MISUSE OF YOUR SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEBRIDGE ACCOUNT.

Appears in 1 contract

Samples: Service Bridge Terms of Usage Agreement

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Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-NON- INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE POLYGON NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF SERVICE ATTACKS)VIRUSES, ERROR FREEPHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, POLYGON NETWORK, OR FREE THE METAMASK ELECTRONIC WALLET. COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF HARMFUL CODETHE OWNERSHIP RECORD MAINTAINED IN THE POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE POLYGON PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. ANIMOCA IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE POLYGON NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED PROVIDED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODONIX AND ITS MEMBERS, DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS AND AGENTS (AS IS” AND “AS AVAILABLECODONIX PARTIES; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING DISCLAIM ALL WARRANTIES OF ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORALKIND, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTEREGARDING THE SOFTWARE AND SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENTINFRINGEMENT AND ACCURACY; (B) NEITHER CODONIX NOR ANY CODONIX PARTY WARRANTS THAT THE SOFTWARE AND SERVICES ARE OR WILL BE ACCURATE, CURRENCYCOMPLETE, COMPLETENESSUNINTERRUPTED, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREEWITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL CODECOMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF CODONIX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) CODONIX AND THE CODONIX PARTIES DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY USER FROM ACCESSING AND/OR USING THE SOFTWARE AND/OR SERVICES OR OTHERWISE RESULTING FROM THIS AGREEMENT, AND (E) USE OF THE SOFTWARE, SERVICES AND REPORTS IS ENTIRELY AT USER'S OWN RISK AND CODONIX AND EACH OF CODONIX PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR.

Appears in 1 contract

Samples: Application Software Provider

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENTTHE SOFTWARE, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS SITE AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, AND HWML’S SOLE OBLIGATIONTHE XXXX.XX ENTITIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, REGARDING ANY FAILURE OF WARRANTIES OR OTHER ISSUE GUARANTEES IN CONNECTION WITH THE SOFTWARE, SERVICES OR SUPPORT; SITE, SERVICES, AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESTHESE TERMS, WHETHER WRITTEN OR ORALEXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAWIMPLIED, STATUTE, COURSE OF DEALING OR TRADESTATUTORY, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITYAND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MERCHANTABILITYTHE XXXX.XX ENTITIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, NON-INFRINGEMENTACCURACY, CURRENCYPERFORMANCE, COMPLETENESSOR AVAILABILITY OF THE SOFTWARE, SITE AND SERVICES, NOR DO THE XXXX.XX ENTITIES REPRESENT, WARRANT OR GUARANTEE THAT ANY DEFECTS, ERRORS OR MALFUNCTIONS IN OR CONNECTED WITH THE SOFTWARE, SITE OR SERVICES WILL BE CORRECTED, THAT THE SOFTWARE, SITE, SERVICES, OR THE SERVERS THAT MAKES ANY OF THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS, OR THAT THE SOFTWARE, SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE XXXX.XX ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM OR IN CONNECTION WITH THE SOFTWARE, SITE OR SERVICES, FOR EXAMPLE, FROM THE SOFTWARE, SITE AND SERVICES INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY RELIABILITY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY THE SOFTWARE, SYSTEM SITE OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSIONANY INFORMATION FOUND ON, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREEUSED ON, OR FREE MADE AVAILABLE IN OR THROUGH THE SOFTWARE, SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF HARMFUL CODECERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN THIS SECTION 7 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SOFTWARE AND/OR SERVICES FOR ANY REASON, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT WITH XXXX.XX AND TO DISCONTINUE ALL YOUR ACCESS TO AND USE OF THE SOFTWARE AND SERVICES.

Appears in 1 contract

Samples: Terms Of

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED PROVIDED IN ARTICLE 10 OR AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT: (A) SELLER SHALL ASSIGN AND CONVEY THE PROPERTIES TO BUYER "AS-IS, WHERE-IS", AND WITH ALL FAULTS AND DEFECTS IN THEIR PRESENT CONDITION AND STATE OF REPAIR, WITHOUT RECOURSE, EVEN FOR THE RETURN OF THE PURCHASE PRICE, AND (B) SELLER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICESPROPERTIES, HWML MATERIALSEXPRESS, THIRD PARTY TOOLS STATUTORY, IMPLIED OR OTHERWISE, INCLUDING ANY WARRANTY AS TO (I) TITLE, (II) COMPLIANCE WITH LAWS, (III) EXISTENCE OF ANY AND ALL PROSPECTS OR RECOMPLETION OPPORTUNITIES, (IV) GEOGRAPHIC, GEOLOGIC OR GEOPHYSICAL CHARACTERISTICS, (V) EXISTENCE, QUALITY, QUANTITY OR RECOVERABILITY OF HYDROCARBON SUBSTANCES, (VI) ABILITY TO PRODUCE, INCLUDING PRODUCTION OR DECLINE RATES, (VII) COSTS, EXPENSES, REVENUES, RECEIPTS, PRICES, ACCOUNTS RECEIVABLE OR ACCOUNTS PAYABLE, (VIII) CONTRACTUAL, ECONOMIC OR FINANCIAL INFORMATION AND DATA, BROKER THIRD PARTY SERVICES AND DATA(IX) CONTINUED FINANCIAL VIABILITY, WORK PRODUCTINCLUDING PRESENT OR FUTURE VALUE OR ANTICIPATED INCOME OR PROFITS, AND ANY DATA (X) ENVIRONMENTAL OR RESULTS OBTAINED PHYSICAL CONDITION, (XI) FEDERAL, STATE, OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF LOCAL INCOME OR OTHER ISSUE WITH THE SOFTWARETAX CONSEQUENCES, SERVICES (XII) ABSENCE OF PATENT OR SUPPORT; AND LATENT DEFECTS, (DXIII) THERE ARE NO REPRESENTATIONSSAFETY, WARRANTIES(XIV) STATE OF REPAIR, CONDITIONS OR GUARANTEES(XV) MERCHANTABILITY, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISEXVI) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, PURPOSE AND (XVII) CONFORMITY TO MODELS OR UNINTERRUPTED USESAMPLES OF MATERIALS; AND BUYER (ON BEHALF OF BUYER GROUP AND THEIR SUCCESSORS AND ASSIGNS) IRREVOCABLY WAIVES ANY AND ALL CLAIMS THEY MAY HAVE AGAINST SELLER GROUP ASSOCIATED WITH THE SAME OTHER THAN BUYER'S RIGHT TO ASSERT THE EXISTENCE OF ALLEGED ADVERSE CONDITIONS UNDER ARTICLE 5.2 OR (II) THAT ANY BUYER'S RIGHT TO CLAIM BREACHES OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEREPRESENTATIONS AND WARRANTIES UNDER ARTICLE 10.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Apache Corp)

Disclaimers. EXCEPT AS 1. YOU EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAPP IS AT YOUR SOLE RISK, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE THAT THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING " WITHOUT WARRANTIES OF ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESKIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STATUTE, COURSE WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF DEALING OR TRADE, OR OTHERWISE) IT (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION ANY EXTERNAL WEBSITES), ANY WARRANTY OR CONDITION INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (IV) THE APP OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREEHARMFUL COMPONENTS, OR FREE OF HARMFUL CODE(V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURED.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF SERVICE ATTACKS)VIRUSES, ERROR FREEPHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR FREE THE METAMASK ELECTRONIC WALLET. EvoS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF HARMFUL CODETHE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. Evo Surfers LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. Evo Surfers IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: images.evosurfers.com

Disclaimers. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE REPORTS GENERATED BY THEM WILL BE ERROR FREE, VIRUS FREE OR SECURE. EXCEPT AS EXPRESSLY SPECIFIED SET OUT IN THIS AGREEMENTTHESE TERMS OF SERVICE, WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS TECHNOLOGY AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HWMLCLIENT’S USE OF THE SERVICES AND REPORTS ARE AT ITS SOLE OBLIGATIONRISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY FAILURE OF PROVIDER DOES NOT REPRESENT OR OTHER ISSUE WITH WARRANT THAT THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THE REPORTS WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS ARE CORRECTABLE. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO REPRESENTATIONS, WARRANTIES, WARRANTIES OR CONDITIONS IN RESPECT OF THE SERVICES OR GUARANTEESTHE REPORTS, WHETHER WRITTEN OR ORALEXPRESS, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEIMPLIED, OR OTHERWISE) (I) REGARDING STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY MERCHANTABILITY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER, QUALITYITS REPRESENTATIVES, MERCHANTABILITYAGENTS OR EMPLOYEES, QUALITYINCLUDING ANY REPORT OR PARTS THEREOF, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, WILL BE CONSTRUED AS A WARRANTY OR UNINTERRUPTED USE; OR (II) THAT REPRESENTATION. CLIENT IS SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE RESULTS OBTAINED FROM THE SERVICES (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKSANY REPORTS), ERROR FREEAND FOR ENSURING THAT THEIR USE DOES NOT VIOLATE ANY LEGAL OBLIGATIONS (WHETHER IMPOSED BY STATUTE, CONTRACT OR FREE OF HARMFUL CODEOTHERWISE).

Appears in 1 contract

Samples: Affinio Terms of Service

Disclaimers. EXCEPT AS YOU EXPRESSLY SPECIFIED IN THIS AGREEMENTAGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY SERVICES OR CONTENT RELATED THERETO, WITH RESPECT TO THE INCLUDING THIRD- PARTY CONTENT AND SERVICES, HWML MATERIALSAND USER-GENERATED CONTENT, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE”; (C) ” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE REMEDIES LISTED COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: i. WARRANTIES THAT ANY SCENARIO, RECOMMENDATION, ASSESSMENT OR OTHER FEATURE OF THE WEBSITE WILL PROVIDE ANYTHING OTHER THAN ILLUSTRATIVE INFORMATION, OR PROVIDE ACCURATE, ACTIONABLE INFORMATION ON WHICH YOU CAN UNCONDITIONALLY RELY IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYPRACTICE OF MEDICINE OR IN ANY OTHER CIRCUMSTANCE; ii. WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; iii. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; CONTENT RELATED THERETO, INCLUDING THIRD-PARTY CONTENT AND (D) THERE ARE NO REPRESENTATIONSSERVICES, WARRANTIESAND USER-GENERATED CONTENT iv. WARRANTIES OF TITLE, CONDITIONS OR GUARANTEESNON-INFRINGEMENT, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEMERCHANTABILITY, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.;

Appears in 1 contract

Samples: Binding Agreement

Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE EOS NETWORK OR THE METAL MASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, FORGOTTEN PASSWORDS OR FREE OF HARMFUL CODE.INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;

Appears in 1 contract

Samples: files.cryptoswordandmagic.com

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT30.1. THE REFERRAL PARTNER UNDERSTANDS AND AGREES THAT THE REFERRAL PARTNER PROGRAM, WITH RESPECT TO THE SERVICESITS COMPONENTS, HWML MATERIALSINTERFACES, THIRD PARTY TOOLS ANY RELATED EQUIPMENT, ANY DOCUMENTATION AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) OTHER MATERIALS ARE PROVIDED “AS IS” AND “”. EXCEPT AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYOTHERWISE EXPRESSLY SET FORTH HEREIN, BLACKBULL, GROUP COMPANIES, ITS REFERRAL PARTNERS, AND HWML’S SOLE OBLIGATIONANY THIRD-PARTY PROVIDERS SPECIFICALLY DISCLAIM, REGARDING WITHOUT LIMITATION, ALL WARRANTIES OF ANY FAILURE KIND RELATED TO THE PLATFORM OR ITS OPERATION OR ANY OTHER ASPECT OF OR ITS PERFORMANCE TO THE REFERRAL PARTNER, REFERRAL PARTNER CLIENTS AND OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESTHIRD PARTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OR CONDITION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYOR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, MERCHANTABILITYA COURSE OF DEALING OR TRADE USAGE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, QUALITYBLACKBULL, NON-INFRINGEMENTANY GROUP COMPANY AND ITS REFERRAL PARTNERS, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH CLAIMS RELATING TO ANY SOFTWARE, SYSTEM ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM ANY INFORMATION, MATERIALS, OR THAT IT SHALL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS. NEITHER BLACKBULL, ANY GROUP COMPANY NOR BLACKBULL’S REFERRAL PARTNERS RECOMMENDS, ENDORSES, ADVOCATES OR SPONSORS ANY OF THE CURRENCIES, CURRENCY PAIRS OR FOREIGN CURRENCY TRANSACTIONS APPEARING ON OR MADE THROUGH THE PLATFORM. THE REFERRAL PARTNER ACKNOWLEDGES THE SUBSTAINTIAL RISKS ASSOCIATED WITH FOREIGN EXCHANGE MARKETS AND FOREIGN EXCHANGE TRADING TRANSACTIONS. NEITHER BLACKBULL NOR ANY GROUP COMPANY IS AUTHORISED TO PROVIDE FINANCIAL ADVICE AND DOES NOT GIVE FINANCIAL, TAX, EMPLOYMENT, LEGAL, INVESTMENT OR ANY OTHER FORM OF ADVICE. ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OF SELL ANY CURRENCY, CURRENCY PAIRS OR OTHER SERVICESPROPERTY, OR NOR TO ENTER INTO ANY FOREIGN CURRENCY EXCHANGE TRANSACTION. THE REFERRAL PARTNER HEREBY ACKNOWLEDGES THAT ANY RELIANCE UPON ANY CONTENT OF THE PLATFORM SHALL BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEAT ITS SOLE AND EXCLUSIVE RISK.

Appears in 1 contract

Samples: Referral Partners Terms and Conditions

Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (WHETHER ARISING UNDER COMMON INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), AND TO THE EXTENT PERMITTED BY LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, THE PARTIES REJECT ALL WARRANTIES AND TERMS IMPLIED UNDER SINGAPORE LAW AND ALL OTHER APPLICABLE JURISDICTIONS INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSETITLE, QUALITY, MERCHANTABILITYOR FITNESS. THE PARTIES AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALITYWE, NON-INFRINGEMENTOUR SUBSIDIARIES, CURRENCYAFFILIATES, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.WARRANT TO YOU THAT:

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT13.1. (A) THE SERVICE, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTANY LUMIGO CONTENT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT THIRD PARTY CONTENT AND ALL OTHER SERVICES, CONTENT AND ITEMS PROVIDED AND MADE AVAILABLE BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) LUMIGO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS, WITH ALL FAULTS, AND HWML’S SOLE OBLIGATIONWITHOUT ANY REPRESENTATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWAREWARRANTY, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITYQUIET POSSESSION, NON-INFRINGEMENT, CURRENCYQUALITY OF SERVICE, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY LUMIGO AND ITS LICENSORS AND SUPPLIERS; AND (B) LUMIGO DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINES, ACCURACY, COMPLETENESS, ACCURACYOR QUALITY OF THE SERVICE, ACCESSIBILITYCONTENT OR ITEMS, RELIABILITYTHAT USE THEREOF WILL BE UNINTERRUPTED, SECURITY, AVAILABILITYSECURE ERROR-FREE, OR UNINTERRUPTED USE; VIRUS- FREE, OR (II) THAT ANY OF THEM DEFECTS IN THE SERVICE WILL BE CORRECTED, THAT CUSTOMER’S USE OF, OR RELIANCE UPON, THE SERVICE, LUMIGO CONTENT, THIRD PARTY APPS, OR THIRD PARTY CONTENT WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE REQUIRMENTS OR WORK WITH ANY SOFTWARE, SYSTEM EXPECTATIONS,OR OTHER SERVICESREGARDING THE SATISFACTION OF, OR BE SECURE (INCLUDING FROM HACKING COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODESTANDARDS.

Appears in 1 contract

Samples: d7umqicpi7263.cloudfront.net

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED SET FORTH IN SECTION 6.2 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY ALL OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND HWML’S SOLE OBLIGATIONCUSTOMER EXPRESSLY WAIVES, REGARDING ANY FAILURE OF OR ALL OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED (WHETHER ARISING UNDER COMMON LAWWARRANTIES OF MERCHANTABILITY, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCYTITLE, COMPLETENESSSYSTEM INTEGRATION, ACCURACYAND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, MARIADB DOES NOT WARRANT RESULTS OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL SYSTEMS OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODECUSTOMER.

Appears in 1 contract

Samples: Mariadb Enterprise Subscription Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS SERVICE AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF PARTS ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “AS AVAILABLE”; (C) WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYSERVICES ENTIRELY AT YOUR OWN RISK. Treads DOES NOT PROVIDE, AND HWML’S SOLE OBLIGATIONSPECIFICALLY DISCLAIMS, REGARDING ANY FAILURE REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER ISSUE WITH THE SOFTWARE, SERVICES PERSON OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEMENTITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY EXPRESS OR CONDITION IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, ; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (IIIV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT ANY OF THEM THE SITE WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), OPERATE ERROR FREE, OR FREE IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY TREADS OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. Treads MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF HARMFUL CODETHE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TREADS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS PROVIDED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. Limitations of Liability YOU AGREE NOT TO HOLD TREADS (OR, ITS STOCKHOLDERS, ITS AFFILIATES, ITS LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE TREADS PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TREADS OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL TREADS OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TREADS PLATFORM OR ANY SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT TREADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TREADS AND MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TREADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TREADS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TREADS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WHEN TREADS’S SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT Treads HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TREADS OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB. TO THE EXTENT THAT THE TREADS PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, TREADS WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE TREADS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. TREADS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF TREADS PLATFORM. BECAUSE XXXXXX IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDER OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH A THIRD PARTY PROVIDER, YOU RELEASE TREADS AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE TREADS PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE Treads PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE TREADS PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE TREADS PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE TREADS PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE TREADS PLATFORM. IF YOU ARE A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE FOR PAYMENT FOR YOUR SERVICES, OR ANY OTHER DAMAGES YOU OR YOUR EMPLOYEES OR CONTRACTORS MAY SUFFER AS A RESULT OF PROVIDING SUCH SERVICES, IS AGAINST THE PERSON REQUESTING SUCH SERVICES, AND NOT AGAINST TREADS, AND YOU HEREBY INDEMNIFY AND HOLD TREADS HARMLESS AGAINST ANY SUCH CLAIMS FOR PAYMENT OR DAMAGES. Treads Indemnification . You hereby agree to indemnify, defend, and hold harmless Treads and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Treads Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Provider), and (v) Your Information and content that you submit or transmit through the Treads Platform. Treads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Treads. Dispute Resolution Disputes under $5,000: For any Disputes that arise and where damages are less than $5,000, the parties agree to resolve such Disputes in small claims court in Salt Lake City, Utah, without the need for arbitration. Disputes over $5,000: For any Disputes that arise and where damages are $5,000 or more you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Treads in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitration may be conducted electronically through Fairclaims or RapidRulings in accordance with their respective rules and procedures. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Salt Lake City, Utah or online via video conference. You acknowledge and agree that you and Treads are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Xxxxxx otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Treads’s intellectual property rights, Treads may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to the exclusive jurisdiction and venue in such courts. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.

Appears in 1 contract

Samples: General Agreement

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED PROVIDED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’STHE SOFTWARE, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) SERVICES, AND RESULTS ARE PROVIDED “AS AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CDCB AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUBCONTRACTORS AND AGENTS (AS AVAILABLECDCB PARTIES; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYDISCLAIM ALL WARRANTIES OF ANY KIND, AND HWML’S SOLE OBLIGATIONEXPRESS OR IMPLIED, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES SERVICES, AND RESULTS OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONSOTHERWISE RELATING TO THIS AGREEMENT, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, INFRINGEMENT AND ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (IIB) NEITHER CDCB NOR ANY CDCB PARTY WARRANTS THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY THE SOFTWARE, SYSTEM OR OTHER SERVICES, OR RESULTS ARE OR WILL BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSIONACCURATE, SUCH AS DENIAL OF SERVICE ATTACKS)COMPLETE, ERROR FREEUNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL CODECOMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) RESEARCH RECIPIENT ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF CDCB’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) EACH OF CDCB AND THE CDCB PARTIES DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY RESEARCH RECIPIENT FROM ACCESSING AND/OR USING THE SOFTWARE AND/OR SERVICES OR OTHERWISE RESULTING FROM THIS AGREEMENT, AND (E) USE OF THE SOFTWARE, SERVICES AND RESULTS IS ENTIRELY AT RESEARCH RECIPIENT’S OWN RISK AND CDCB AND EACH OF THE CDCB PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR.

Appears in 1 contract

Samples: Research Recipient Agreement for Software and Services

Disclaimers. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITES, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITES, THE APP AND THE SMART CONTRACTS ARE PROVIDED «AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS» AND «AS AVAILABLE» WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT WHETHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSWE, THIRD PARTY TOOLS AND DATAOUR SUBSIDIARIES, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTAFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITES, THE APP AND THE SMART CONTRACTS AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITES, ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADESMART CONTRACT, OR OTHERWISE) (I) REGARDING ANY EXTERNAL WEBSITES S), INCLUDING THE IMPLIED WARRANTIES OF THEMMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESSCORRECTNESS, ACCURACY, ACCESSIBILITYOR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIABILITYWE, SECURITYOUR SUBSIDIARIES, AVAILABILITYAFFILIATES, AND LICENSORS DO NOT REPRESENT OR UNINTERRUPTED USE; WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITES, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) THAT YOUR ACCESS TO OR USE OF THE SITES, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITES, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITES, THE APP AND THE SMART CONTRACTS OR ANY OF THEM WILL MEET ANY REQUIREMENTSCONTENT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING FEATURES MADE AVAILABLE ON OR THROUGH THE SITES, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER UNAUTHORIZED INTRUSIONHARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITES, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS DENIAL FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF SERVICE ATTACKS)VIRUSES, ERROR FREEPHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM AND/OR POLYGON NETWORK, OR FREE THE METAMASK OR ANY OTHER ELECTRONIC WALLET. GAME TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF HARMFUL CODETHE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE RONIN NETWORK. WOS GAME LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WOS GAME IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, OR RONIN ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, RONIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Appears in 1 contract

Samples: Terms of Use

Disclaimers. EXCEPT REV360 GPO DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS EXPRESSLY SPECIFIED TO THE PRODUCTS PURCHASED UNDER VENDOR PURCHASE AGREEMENTS. Members shall look solely to the terms, representations and warranties given by applicable vendor/supplier in the applicable Vendor Purchase Agreement. IN NO EVENT WILL REV360 GPO HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM THIS AGREEMENT, WITH RESPECT TO THE ITS PROVISION FOR SERVICES, HWML MATERIALSTHE REVOLUTIONEHR SYSTEM AND/OR ANY VENDOR PURCHASE AGREEMENT, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA WHETHER OR RESULTS OBTAINED OR OUTPUT BY USING ANY NOT REV360 GPO HAS BEEN ADVISED OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL REV360 GPO HAVE ANY LIABILITY IN CONNECTION WITH MEMBER'S DECISION TO TERMINATE OR OTHER ISSUE WITH CURTAIL PURCHASES UNDER ANY AGREEMENTS OR VENDOR PURCHASE ARRANGEMENTS THAT MAY FROM TIME TO TIME EXIST BETWEEN MEMBER AND SUPPLIERS. THIS APPLIES WHETHER THE SOFTWARE, SERVICES AGREEMENT OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) PURCHASING ARRANGEMENT IS EITHER: (I) REGARDING ANY OF THEMDIRECTLY BETWEEN THE VENDOR/SUPPLIER AND MEMBER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE THROUGH A PURCHASING AGENT OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICESGROUP PURCHASING ORGANIZATION, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEIII) THROUGH A VENDOR PURCHASE AGREEMENT.

Appears in 1 contract

Samples: Gpo Membership Agreement

Disclaimers. EXCEPT AS SSG, ITS LICENSORS AND SUPPLIERS EXPRESSLY SPECIFIED IN THIS AGREEMENTDISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. SSG MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, PRODUCTS AND ANY DATA RELATED INSTALLATION, CONFIGURATION, MAINTENANCE OR RESULTS OBTAINED OTHER SUPPORT SERVICES, EXPRESS OR OUTPUT IMPLIED, AT LAW OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY USING ANY OF THEMAPPLICABLE LAW. WITHOUT LIMITING THE FOREGOING SSG MAKES NO PROMISE: (A) BROKER’S AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR AUTHORIZED USER’SCOMPLETENESS OF THE SERVICES OR ANY CONTENT, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) OF WHICH ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) AS TO ANY THIRD-PARTY PROVIDER OR ANY OF ITS PRODUCTS OR SERVICES, WHETHER OR NOT SSG MAY HAVE DESIGNATED IT OR ITS PRODUCTS OR SERVICES AS “CERTIFIED,” “VALIDATED,” OR OTHERWISE; (C) THAT THE REMEDIES LISTED IN USE OF THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE PRODUCTS AND EXCLUSIVE REMEDYSERVICES SHALL BE SECURE, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADEUNINTERRUPTED, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY ERROR-FREE OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR OTHER SERVICES, DATA; (D) THAT THE PRODUCTS AND SERVICES SHALL MEET CLIENT’S REQUIREMENTS OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODE.EXPECTATIONS;

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. EXCEPT NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE APPLICATIONS, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE EFD SYSTEM OR THE WEBSITE GENERALLY (INCLUDING THE FILING DATA) AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH APPLICATIONS, CONTENT AND SERVICES ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICESSUCH APPLICATIONS, HWML MATERIALSCONTENT OR SERVICES (OR ANY PART THEREOF), THIRD PARTY TOOLS INCLUDING ANY AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA ALL IMPLIED WARRANTIES OR RESULTS OBTAINED OR OUTPUT BY USING ANY CONDITIONS OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, QUALITYTITLE, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYMERCHANTABILITY, OR UNINTERRUPTED USE; 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), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, DOES NOT WARRANT: (IIa) THAT SUCH APPLICATIONS, CONTENT OR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, (b) THAT DEFECTS, ERRORS OR INACCURACIES IN SUCH APPLICATIONS, CONTENT OR SERVICES WILL BE CORRECTED, (c) THAT ANY RESULTS OBTAINED VIA THE USE OF SUCH APPLICATIONS, CONTENT OR SERVICES WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (d) THAT THE EFD SYSTEM, THE WEBSITE GENERALLY, OR THE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JURISDICTION AND STATE USER FURTHER ACKNOWLEDGE THAT NETWORK OR SERVER PROBLEMS WITH THE INTERNET MAY PREVENT THEM WILL MEET FROM ACCESSING OR USING THE EFD SYSTEM AND THE WEBSITE GENERALLY. Limitations on Liability. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NASAA, ITS AGENTS OR SUPPLIERS BE LIABLE TO JURISDICTION OR STATE USER (OR TO ANY REQUIREMENTSPERSONS WHOSE CLAIMS ARE BASED ON OR DERIVED FROM RIGHTS CLAIMED BY JURSIDICTION OR STATE USER) FOR ANY DIRECT, ACHIEVE INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY INTENDED RESULTKIND, BE COMPATIBLE INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF DATA (INCLUDING FILING DATA), LOSS OF PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS OR WORK COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF, OR UNAUTHORIZED ACCESS TO, THEFT OR ALTERATION OF, THE EFD SYSTEM OR THE WEBSITE GENERALLY, INCLUDING THE APPLICATIONS, CONTENT AND SERVICES AVAILABLE THEREON (INCLUDING THE FILING DATA), WHATEVER WAY THEY MAY ARISE, WHETHER IN WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF NASAA OR ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF JURISDICTION OR STATE USER IS DISSATISFIED WITH ANY SOFTWARE, PORTION OF THE EFD SYSTEM OR OTHER SERVICESWEBSITE GENERALLY, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSIONWITH ANY OF THE TERMS OF THIS AGREEMENT, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEITS/HIS/HER SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 12.

Appears in 1 contract

Samples: www.nasaa.org

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 8.1, WITH RESPECT TO THE SERVICESSECTION 8.2, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTSECTION 8.3, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’SAPPLICABLE SERVICE LEVEL AGREEMENT, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) SERVICES ARE PROVIDED “AS IS.BECAUSE THE SERVICES INVOLVE CONVEYING INFORMATION PROVIDED TO SIGNiX BY OTHER SOURCES, SIGNiX CANNOT AND “AS AVAILABLE”; (C) WILL NOT, FOR THE REMEDIES LISTED FEE CHARGED FOR THE SERVICES, BE AN INSURER, GUARANTOR, OR BE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF THE DATA CONTAINED OR ACCESSED IN VARIOUS DATABASES BY SIGNiX. TO THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDYFULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND HWML’S SOLE OBLIGATION, REGARDING SIGNiX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEESKIND, WHETHER WRITTEN EXPRESS, IMPLIED IN FACT OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON BY OPERATION OF LAW, STATUTEWITH RESPECT TO ANY MATTER WHATSOEVER, COURSE INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF DEALING MERCHANTABILITY OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITYAND WITHOUT LIMITING THE FOREGOING, MERCHANTABILITYSIGNiX MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE SERVICES OR THE USE THEREOF WILL BE ERROR-FREE, QUALITYUNINTERRUPTED, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED USE; OR (II) THAT ANY OF THEM WILL MEET ANY CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM SYSTEM, OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSIONSECURE, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREEACCURATE, OR FREE COMPLETE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS”, AND SIGNiX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, SUITABILITY, AVAILABILITY, OR LEGAILTY OF HARMFUL CODEANY THIRD-PARTY MATERIALS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS AND SIGNiX IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR PRESENCE OF THIRD-PARTY MATERIALS.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimers. EXCEPT AS EXPRESSLY SPECIFIED USER AGREES THAT USER’S USE OF THE SERVICES SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CSP, ITS SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN THIS AGREEMENT, CONNECTION WITH RESPECT TO THE SERVICES, HWML MATERIALS, THIRD PARTY TOOLS AND DATA, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCTCONTENT, AND ANY DATA USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR RESULTS OBTAINED OR OUTPUT BY USING ANY CONDITIONS OF THEM: (A) BROKER’S OR AUTHORIZED USER’SMERCHANTABILITY, USE THEREOF ARE ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, QUALITYTIMELINESS, MERCHANTABILITYACCURACY, QUALITYCOMPLETENESS, TITLE AND NON-INFRINGEMENT, CURRENCY, COMPLETENESS. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CSP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, ACCESSIBILITYOR COMPLETENESS OF THE SERVICES OR CONTENT, RELIABILITYAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, SECURITY, AVAILABILITYMISTAKES, OR UNINTERRUPTED USE; INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SERVICES OR CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF CSP’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY TRANSMISSION TO OR FROM THE SERVICES, AND/OR (II5) THAT ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER CSP NOR ANY OF THEM ITS SUPPLIERS WARRANT THAT (A) THE SERVICES OR CONTENT WILL MEET ANY USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, (B) THE OPERATION OF THE SERVICES WILL BE COMPATIBLE UNINTERRUPTED OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR ERROR-FREE, OR FREE OF HARMFUL CODE(C) THE SERVICES OR CONTENT WILL BE UP- TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED. CSP does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Services. User’s reliance upon any information obtained or used by User is solely at User’s own risk. CSP is not responsible for the accuracy of any information or content provided or sent by User or other users of the Services. User is responsible for verifying the accuracy of any information User sends or receives through the Services, including User Data or any of User’s information, data, or records. CSP is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages or entries, or the security of any such communications. IF USER HAS AN EMERGENCY, DO NOT USE THE SERVICES TO CONTACT USER’S PHYSICIAN – USER SHOULD CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.

Appears in 1 contract

Samples: csprx.com

Disclaimers. EXCEPT THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE MOBILE APPLICATIONS, ARE PROVIDED "AS EXPRESSLY SPECIFIED IN THIS AGREEMENTIS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WITH RESPECT EITHER EXPRESS OR IMPLIED. TO THE SERVICESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWML MATERIALSFIDE AND ITS PARENTS, THIRD PARTY TOOLS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND DATAAGENTS, BROKER THIRD PARTY SERVICES AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM: (A) BROKER’S OR AUTHORIZED USER’S, USE THEREOF ARE DISCLAIM ALL AT THEIR SOLE RISK; (B) ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (C) THE REMEDIES LISTED IN THE SERVICE LEVEL COMMITMENT ARE BROKER’S SOLE AND EXCLUSIVE REMEDY, AND HWML’S SOLE OBLIGATION, REGARDING ANY FAILURE OF OR OTHER ISSUE WITH THE SOFTWARE, SERVICES OR SUPPORT; AND (D) THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED (WHETHER ARISING UNDER COMMON LAWWARRANTIES OF TITLE, STATUTENON-INFRINGEMENT, COURSE OF DEALING OR TRADEACCURACY, OR OTHERWISE) (I) REGARDING ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYAND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, MERCHANTABILITYCOURSE OF PERFORMANCE OR USAGE OF TRADE. FIDE AND ITS PARENTS, QUALITYSUBSIDIARIES, NONAFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE MOBILE APPLICATIONS, WILL BE UNINTERRUPTED, ERROR-INFRINGEMENTFREE OR SECURE, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITYTHAT DEFECTS WILL BE CORRECTED, OR UNINTERRUPTED USE; THAT THE MOBILE APPLICATIONS (OR (IIANY PART THEREOF), THE SERVER(S) THAT ON WHICH THE MOBILE APPLICATIONS ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE MOBILE APPLICATIONS ARE FREE OF THEM WILL MEET ANY REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM VIRUSES OR OTHER SERVICESHARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FIDE OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE MOBILE APPLICATIONS, IN THE MATERIALS, OR BE SECURE (OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING FROM HACKING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR OTHER UNAUTHORIZED INTRUSIONTHROUGH THE MOBILE APPLICATIONS, SUCH AS DENIAL OF SERVICE ATTACKS), ERROR FREE, OR FREE OF HARMFUL CODEARE ENTIRELY AT YOUR OWN RISK.

Appears in 1 contract

Samples: Terms of Use

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